California Code of Regulations
Title 14 - Natural Resources
Division 1 - Fish and Game Commission-Department of Fish and Game
Subdivision 1 - Fish, Amphibians and Reptiles
Chapter 8 - Miscellaneous
Section 230 - Issuance of Permits for Contests Offering Prizes for the Taking of Game Fish
Universal Citation: 14 CA Code of Regs 230
Current through Register 2023 Notice Reg. No. 52, December 29, 2023
(a) Definitions. The definitions below apply to this section.
(1) "Angler" means a natural person engaged in the act of angling in a contest permitted under this section.
(2) "Applicant" means any person applying for a permit to conduct a fishing contest pursuant to this section.
(3) "Black bass" means any species of the genus Micropterus.
(4) "Contest" or "fishing contest" means any derbies, tournaments, tagged fish contests, or similar events offering prize compensation or inducements for the taking of game fish pursuant to this section.
(5) "Game fish" means white sturgeon; American shad; all species of salmon and trout; goldfish; common carp; Sacramento pikeminnow; Sacramento (Western) sucker; all species of catfish and bullheads; striped bass; white bass; all species of black bass and sunfish; all species of tilapia; sargo; bairdiella; and all species of corvina.
(6) "Prize compensation" means "prize compensation" as defined in subdivision 2003(e)(1)(B) of the Fish and Game Code.
(7) "Permittee" means any person issued a permit by the department to conduct a fishing contest pursuant to this section.
(8) "Resource" means the water where a contest will be held, any fish and wildlife resources that use the water, the area surrounding the water, and recreational uses on the water.
(9) "Weigh-in" means any centralized facilitation of measurement or weighing of fish retained and transported as part of a fishing contest.
(b) Revocable permits to conduct fishing contests may be issued by the department to any applicant. The department may issue such permits if it determines the proposed contest(s) would not be detrimental to the resource.
(c) Contest Permit Types.
(1) Type A Permit. Type A permits are for contests targeting black bass with more than 60 anglers. Unless otherwise specified in subsection (e), the department may not issue more than one Type A permit for any water on the same day. Contests held under a Type A permit shall not exceed three days in duration.
(2) Type B Permit. Type B permits are for contests targeting black bass with 60 or fewer anglers. Unless otherwise specified in subsection (e), the department may not issue more than three Type B permits for any water on the same day. Contests held under a Type B permit shall not exceed three days in duration.
(3) Type C Permit. Type C permits are for contests targeting black bass in which anglers do not retain fish for a centralized weigh-in. For a contest conducted under a Type C permit, all live fish caught must be released immediately after recording weight or measurement. Contests conducted under a Type C permit may exceed three days in duration and may be conducted on multiple water bodies concurrently. Type C permits do not limit the number of anglers.
(4) Type D Permit. Type D permits are for contests that do not target black bass. Contests conducted under a Type D permit may exceed three days in duration and may be conducted on multiple water bodies concurrently. Type D permits do not limit the number of anglers.
(d) Application Procedures for Permits Outside Initial Offering.
(1) Any applicant seeking a Type A permit outside the department's initial offering described in subsection (f), or a Type B, Type C, or Type D permit shall follow the process described in this subsection to apply for and obtain one or more of these permits. Applications for permits made outside the department's initial offering described in subsection (f) will not be processed until after the completion of the initial offering. Except as specified in subsection (f), all permit applications will be processed in the chronological order in which they are received.
(2) Applications will not be accepted prior to July 1 of the year preceding the calendar year in which the contest will be held and shall be submitted to the department at least 30 days prior to the date of the contest.
(3) Applications shall be made using the department's APPLICATION FOR PERMIT TO OFFER PRIZES FOR TAKING GAME FISH, DFW 775 (REV. 9/23) (form DFW 775), incorporated by reference herein.
(4) Applicants shall submit form DFW 774 in the department's Automated License Data System (ALDS, Section 700.4).
(5) Applications for Type A permits outside the initial offering described in subsection (f) shall be submitted to the department regional office for the region where the contest(s) is proposed. Applications for Type B, Type C, and Type D permits shall be submitted to any department regional office using the address list on form DFW 775. An application is deemed as received when department regional staff document the date and time at which a complete application was received. For an application to be complete, the correct form must be used, all applicable fields must be completed, the application must be signed by the applicant, and the application must be accompanied by payment of the permit fee specified in subsection (i).
(e) Permit Limits for Specific Waters
(1) Sacramento-San Joaquin River Delta (as defined in Section 1.71). No more than three Type A permits and nine Type B permits shall be issued for the Sacramento-San Joaquin River Delta for the same day, such that no more than one Type A permit and three Type B permits shall be issued in each of the three Delta counties: Sacramento, San Joaquin and Contra Costa.
(2) Diamond Valley Lake (Riverside County). No more than one Type A permit shall be issued per weekend (Saturday or Sunday) and not more than one multi-day Type A permit shall be issued per calendar month.
(3) Lake Perris (Riverside County). No more than one Type A permit shall be issued per weekend (Saturday or Sunday) and not more than one multi-day Type A permit shall be issued per calendar month.
(4) Silverwood Lake (San Bernardino County). No more than one Type A permit shall be issued per weekend (Saturday or Sunday) and not more than one multi-day Type A permit shall be issued per calendar month.
(5) "Multi-day Type A permit" as used in this subsection does not include permits for contests that begin at or after 4:00 PM and hold a final weigh-in no later than one hour before sunrise on the next calendar day.
(f) Initial Offering of Type A Permits.
(1) This subsection describes the procedures to obtain Type A permits through an "initial offering" by the department.
(A) The initial offering will be conducted annually between July and September of the year prior to the Contest year. The department will choose a time for the initial offering that minimizes conflict with events that are of importance to potential applicants to the extent practicable. Notification of the open period to submit the department's INITIAL OFFERING APPLICATION FOR "TYPE A" GAME FISH CONTESTS, DFW 774 (NEW 12/22) (form DFW 774), incorporated by reference herein, will be posted to the department's Inland Fishing Contest webpage https://wildlife.ca.gov/Fishing/lnland/Contests_and sent to all permittees who held permits during the previous calendar year. To apply for a Type A permit during the initial offering, applicants shall submit a completed form DFW 774 to identify the applicant's desired contest dates and waters. The department will use the email address and telephone number the applicant includes on form DFW 774 to facilitate the initial offering and the conflict resolution described in subsection (f)(1)(D). Applicants shall submit form DFW 774 in the department's Automated License Data System (ALDS). Form DFW 774 shall require applicants to certify the following:
(i) The applicant will not request conflicting dates or waters in coordination with any other applicant;
(ii) The applicant is applying for the permit on their individual behalf or on behalf of an organization, independent of any other applicants; and
(iii) If a request is awarded, the applicant intends in good faith to hold a contest on that date and water.
(B) No more than one form DFW 774 shall be submitted on behalf of each applicant. If the applicant is not a natural person, the applicant shall select one individual to submit one form DFW 774 on behalf of the applicant. Applicants may request no more than one date per water per month on form DFW 774.
(C) The department will identify conflicts among all applicants. For purposes of this subsection, "conflict" shall mean requests for the same date and water submitted by more than one applicant.
(D) The department will conduct a conflict resolution process for applicants to collaborate and resolve conflicts identified by the department. Prior to opening the conflict resolution process, the department will announce the time and location for the conflict resolution process, and if it will be conducted in person or virtually due to public health and safety needs. If the conflict resolution process is conducted in person, applicants will be given two hours to resolve conflicts. If the conflict resolution process is conducted virtually, applicants will be given two weeks to resolve conflicts. During the conflict resolution process, applicants may withdraw a request completely or move a request in conflict to a new water and/or date if the new selection does not result in a conflict with another applicant. Applicants may not otherwise request new dates or waters during the conflict resolution process.
(E) At the end of the conflict resolution process, all requests not in conflict will be awarded to the requesting applicant. Remaining conflicts will be resolved by random selection.
(F) Upon receipt of confirmation from the department that a request has been awarded, the applicant shall submit to the department a complete form DFW 775 and pay the permit fee specified in subsection (i) for all awarded requests.
(G) Incomplete applications, incorrect or missing payment, or failure to adhere to the requirements set forth in this section is cause for the department to reject an applicant's form DFW 774 or DFW 775 or to revoke an awarded request.
(H) Applications for Type A permits during the initial offering received after the due date will be processed following the procedures described in subsection (d).
(I) When the initial offering is in person, the complete form DFW 775 and permit fee specified in subsection (i) for all awarded requests shall be submitted on site prior to the conclusion of the initial offering. When the initial offering is virtual, the complete form DFW 775 and payment shall be submitted to the department regional office for the region where the applicant will hold the contest within 10 business days of the initial offering.
(g) Permit Adjustments.
(1) The department will evaluate requests for adjustments to approved permits if such requests are received by the issuing regional office at least 30 days prior to the contest date. The department will accept or deny requests based on whether the date and water combination requested is available, whether the change violates any special conditions, and whether the change would be detrimental to the resource.
(2) Permittees may submit up to three changes requests, whether approved or denied, to the approved permit. Any additional change requests will require the submittal of a new application and fee payment.
(h) No Transfer. Permits are not transferable.
(i) Fees. The permit fee that must accompany form DFW 775 is $70.30. Permit fees shall be subject to annual adjustment pursuant to Section 699.
(j) Observer Requirement. A permittee shall allow an employee of the department to be assigned as an observer and to be present at any contest. The department will determine if the assignment of an observer would aid the department's efforts to ensure compliance with this section and any special conditions. The applicant or permittee shall reimburse the department $275 per day for the cost of the observer's services and associated administrative and incidental costs. Payment shall be sent to the department regional office from which the permit was or will be issued.
(k) Compliance with Sport Fishing Regulations.
(1) No provisions of these regulations exempt any angler in a contest from applicable freshwater sport fishing regulations, except that the department may, for permitted contests, authorize an exemption to:
(A) Black bass regulations which impose an increased minimum size limit larger than 12 inches, a slot size limit, or a reduced bag limit less than five fish and;
(B) Daily bag and possession limits for all permitted black bass contests, insofar that once the daily bag and possession limit has been reached by an individual angler, that same angler may continue to fish under the condition that each additional fish caught must immediately be returned to the water alive and in good condition, or be used to replace a fish being maintained alive and in good condition from the angler's livewell or other suitable holding facility.
(2) To prevent the movement of live fish from one body of water to another, the department also may impose permit conditions governing the movement of live fish by anglers or permittees to accommodate off-site contest weigh-in locations.
(l) Additional Restrictions for Any Black Bass Contest:
(1) Insofar as possible, all fish shall be returned to the water alive and in good condition, except the department may for scientific or management purposes, take possession of any fish caught during the contest and provide for retention of unusually large fish by participants. The department shall notify the permittee or his designated representative of such exceptions prior to the start of the contest.
(2) Only artificial lures may be used.
(m) Special Conditions. To provide for the welfare of fish populations, individual fish, or the resource, the department may impose special conditions in addition to those specified in this section and those listed on form DFW 775 for any contest. Special conditions on form DFW 775 outline required use of the AQUATIC INVASIVE SPECIES SELF-INSPECTION CERTIFICATION FOR GAME FISH CONTESTS, DFW 777 (NEW 12/22) (form DFW 777), incorporated by reference herein. The department shall provide such conditions in writing to the applicant when issuing the permit. The permittee shall provide copies or otherwise inform every angler of the special conditions. It is unlawful for any person participating in a contest permitted under the authority of this section to violate any condition of the permit.
(n) Submission of Reports. Permittees shall electronically complete and submit a report on a standard form, FISHING CONTEST REPORT, DFW 776 (NEW 12/22) (form DFW 776), incorporated by reference herein, provided by the department, within 30 days after the completion of each contest, following the submission procedures described on the form. Completed reports shall be submitted online via the department's Inland Fishing Contest webpage. The permittee shall answer all the questions thereon relating to the contest, so that department personnel may monitor the impact of such contests on fisheries resources.
(o) Denial of Applications, Revocation of Permits and Termination of Contests.
(1) Denial.
(A) The department is authorized to deny a permit application if the department determines in its sole discretion that:
(i) Issuance of a permit would be detrimental to the resource; or
(ii) The applicant or permittee has failed to substantially comply with the requirements or procedures set forth in this section.
(B) In determining whether to deny an application the department shall consider the factors listed in subsection (o)(5).
(C) When an application is denied, the department shall notify the applicant of the basis for its determination in accordance with subsection (o)(3).
(2) Revocation.
(A) The department is authorized to revoke a permittee's permit if the department determines in its sole discretion that:
(i) The permittee has failed to substantially comply with any terms or conditions of its permit; or
(ii) The applicant or permittee has failed to substantially comply with the requirements or procedures set forth in this section.
(B) In determining whether to revoke a permit the department shall consider the factors listed in subsection (o)(5).
(C) When an application is denied, the department shall notify the permittee of the basis for its determination in accordance with subsection (o)(3).
(3) Written notice. The notice provided pursuant to subsections (o)(1)(C) and (o)(2)(C) shall:
(A) Explain in writing the basis for the department's determination and the effective date of the denial, or the effective date of the revocation, or the determination of a request for reconsideration according to (o)(6); and
(B) Be sent by email and certified mail using the email and mailing addresses included in the form DFW 775 submitted by the applicant or permittee.
(4) Termination of Contests.
(A) The department may terminate a contest without prior notice if the department determines in its sole discretion that:
(i) The permittee has failed to substantially comply with any terms or conditions of its permit; or
(ii) A violation or substantial impact to the resource is reasonably foreseeable, and efforts to mitigate the violation or impact would be unsuccessful.
(B) In determining whether to terminate a contest, the department shall consider the factors listed in subsection (o)(5).
(5) In making the determinations herein the department shall consider the following factors:
(A) The applicant/permittee's history of violations;
(B) The willfulness of the violation;
(C) The nature, scope, and gravity of the violation; and
(D) The extent to which the permittee cooperated with the department.
(6) Reconsideration.
(A) An applicant or permittee who receives a notice of denial from the department of a permit application under subsection (o)(1) or a revocation of a permit under subsection (o)(2) may submit a written request for reconsideration to the department no later than 30 calendar days following the date of the notification, and shall state the reasons for the requested reconsideration.
(B) The department shall evaluate any information submitted with the request and determine if it warrants reversal or amendment of its decision based on all available information and the factors set forth in subsection (o)(5).
(C) Written notice of the department's determination of reconsideration shall be in accordance with subsection (o)(3).
Note: Authority cited: Sections 200, 205, 265, 713, 1050 and 2003, Fish and Game Code. Reference: Sections 37, 67, 711, 713, 1050 and 2003, Fish and Game Code.
Note: Authority cited: Sections 200, 205, 265, 713, 1050 and 2003, Fish and Game Code. Reference: Sections 37, 67, 711, 713, 1050 and 2003, Fish and Game Code.
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