Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Reservations
for Hunting Activities.
(1) Reservations for
waterfowl and pheasant hunting are available for Type A wildlife areas for all
authorized shoot days of the season. On Type B wildlife areas, reservations are
required for the opening weekend of waterfowl season and may be required for
the opening of pheasant season.
(A)
Reservations shall be issued by random drawing. Applications are available
through the Automated License Data System at license agents, department license
offices and online. To find the locations of department license agents,
department license offices or to apply for a reservation on-line, go to the
department's website at
www.wildlife.ca.gov. Applicants must possess
an annual or lifetime hunting license valid for the hunting season for which
they are applying. Two-day nonresident hunting licenses shall not be used to
apply for reservation drawings. To be included in a reservation drawing,
applications must be received by the department through the Automated License
Data System at least 17 days prior to the hunt date. Late, incomplete, or
incorrect applications will not be included in the drawing. The fee to apply
for a reservation is specified in Section
702 of these regulations. The
application fee is non-refundable.
(B) Unless otherwise provided in Section
551 of these regulations, the
reservation system only serves to assure entry onto a wildlife area and does
not necessarily constitute a method for prioritization over other
users.
(C) Multiple Applications.
1. An applicant is limited to one application
for each wildlife area for each authorized shoot day. Shoot days are specified
under subsections
551(e),
551(o),
551(p),
551(q),
551(s), and
552(a) of these
regulations.
2. The department may
eliminate applications that are not in compliance with these regulations from
any reservation drawing. Persons who submit more than one application for the
same shoot day for the same wildlife area may be barred from hunting on
department-operated areas for a period of one year following the date the
department discovers the violation. Any reservation issued as a result of such
improper submission, or to any person currently barred from the
department-operated areas, shall be void (not valid).
(D) Unless otherwise stated on the hunting
reservation or on information mailed with the reservation, each successful
reservation applicant shall be granted a one-day entry permit during the
waterfowl or pheasant season. The entry permit shall be issued to the
successful applicant for the date and wildlife area stated on the hunting
reservation upon the applicant presenting a one-day, two-day, or season pass.
Verification of the successful applicant/reservation holder shall require
identification per subsection
700.4(c) of these
regulations. Unless otherwise provided, the reservation will expire one and
one-half hours before shoot time for the date stated on the reservation. For
some wildlife areas, the department will number reservations in the order in
which they are drawn. These reservations will be accepted at checking stations
in numerical order. The reservation holder must be present at the time the
number is called in order to have priority over other, lower-priority
reservations.
(E) Except as
provided in subsection
550.5(a)(1)(F) or
subsection
551(x) of these
regulations, a reservation shall be valid for entry for up to six visitors who
must hunt as a party. No more than two visitors in a hunting party may be adult
hunters (18 years of age or older as of July 1 of the licensing year). Each
adult may be accompanied by up to two hunters holding junior hunting licenses
or two non-shooters irrespective of age, or one of each. All hunters must be in
possession of a valid hunting license. Non-shooters (as defined in subsection
550(b)(11)) shall
not discharge or possess ammunition or a firearm on the wildlife
area.
(F) When hunting a designated
hunting zone, assigned pond, or blind area, a reservation will assure entry
only for the number of visitors (adult hunters, junior hunters, and/or
non-shooters) that does not exceed the capacity of the designated zone,
assigned pond or blind area.
(b) Reservations for Wildlife Viewing.
Reservations for wildlife viewing may be available for certain department lands
during peak viewing periods or when guided tours are offered. The department
may limit the number of reservations available for each of these
opportunities.
(c) Entry Permits,
Fees, and Passes.
(1) Where the department
has determined that entry permits are required per subsection
550(c)(2) of
these regulations and/or that fees are necessary to offset the department's
costs of providing public recreational opportunities, an appropriate pass must
first be purchased for a fee through the department's Automated License Data
System at a license agent, department license office or on the department's
website at
www.wildlife.ca.gov. An
entry permit will be issued only when an appropriate hunting pass is presented
at the checking station or point of entry.
(2) Passes for hunting during the waterfowl
season are sold as one day, two day, or Type A or Type B season hunting passes.
Applicable fees are listed in subsection
702(b) of these
regulations.
(3) Entry permits and
hunting passes are required for waterfowl hunting on all Type A wildlife
areas.
(4) Entry permits and proof
of either a Type A or Type B season hunting pass are required for waterfowl
hunting on all Type B wildlife areas. One or two day passes are not accepted at
Type B wildlife areas.
(5) Entry
permits and/or passes or special drawings may be required for hunting on Type C
wildlife areas where the department has determined that restricted access is
necessary per subsection
550(c) of these
regulations (see subsection
551(q) of these
regulations).
(6) Each visitor must
have a valid entry permit in their immediate possession while on department
lands that require an entry permit.
(7) Any visitor with a valid junior hunting
license in their own name is exempt from purchasing a daily or annual hunting
pass. A visitor who is under the age of 16 will only be issued an entry permit
and allowed to hunt when carrying a valid hunting license in their own name and
accompanied by an adult. An adult is defined as a person 18 years old or older.
An adult hunter or non-shooter may accompany up to two junior hunters on
department lands.
(8) Any visitor
16 or 17 years of age, in possession of a valid hunting license in that
vistor's own name and an entry permit, may hunt independently. Hunters 16 or 17
years of age who hunt without an adult shall not be accompanied by any visitor
under the age of 16.
(9) Any
required entry permits will be issued on a first-come, first served basis
and/or by a reservation drawing to be held at a designated department office.
The department shall inform the commission in writing and the public via the
news media when limits imposed under this section differ substantially for a
specific area from the prior year. Such notification shall include: the land
affected; the time period; the reason for the limitation or closure; the number
of entry permits to be issued; and the method of issuance.
(10) Entry permits are non-transferable.
Forgery, duplication, alteration or fraudulent use of entry permits, passes, or
processes for obtaining them, is prohibited. Any person who violates these
regulations may be barred from department lands for one calendar year from the
date the department discovers the violation.
(11) A Daily or Annual Lands Pass for
Authorized Uses Other than Hunting (Lands Pass) is required for visitor entry
on department lands listed in subsections
551(w) and
630(c) of these
regulations. A Lands Pass must be purchased in advance and carried by each
visitor, on their person, while on the subject property. Information about how
to purchase a Lands Pass is explained in 550.5(c)(1) of these regulations.
Exceptions to the Lands Pass requirements are as follows:
(A) Visitors carrying a valid California
sportfishing, hunting, or trapping license issued in the visitor's own name are
not required to purchase a Lands Pass.
(B) Participants in school or organized youth
group field trips, or visitors who are under 16 years of age are not required
to obtain a Lands Pass.
(12) In addition to the sources listed for
purchasing passes in subsection
550.5(c)(1),
Lands Passes may be purchased at the Elkhorn Slough Ecological Reserve Visitor
Center at the time of entry during business hours.
(d) Special Use Permits. Special uses, as
defined in subsection
550(b)(9) of
these regulations, on department lands require written authorization from the
department. Such authorization will typically be in the form of a Special Use
Permit (per subsections
550(d) and
550(n)(2) of
these regulations). The department shall not issue Special Use Permits for
activities or uses that conflict with the current uses, management or purposes
of a department land, would have a significant environmental effect, or would
constitute an unlawful use of state resources under Government Code Section
8314.
(1) Types of Special Use.
(A) Type 1 Special Use. A Type 1 special use
is an activity that meets all of the following criteria:
1. involves 30 or fewer visitors on
site;
2. involves ten or fewer
(0-10) animals (such as dogs or horses) or bicycles (or other pedaled vehicles)
in total;
3. does not require the
use of animals, bicycles, vehicles, or large equipment outside of designated
parking areas, roads, trails, or other areas authorized for visitor use;
and
4. does not require use of the
site for more than one calendar day during normal operating hours of the
department land.
(B) Type
2 Special Use. A Type 2 special use is a hunting dog trial or testing event or
activity.
(C) Type 3 Special Use. A
Type 3 special use is an activity that meets any one of the following criteria:
1. involves more than 30 visitors on
site;
2. involves more than ten
animals or bicycles in total;
3.
requires the use of animals, bicycles, vehicles, or large equipment outside of
designated parking areas, roads, trails, or other areas authorized for visitor
use; or
4. requires use of the site
for more than one calendar day or outside of normal operating hours of the
department land.
(2) Application Process for Special Use
Permits.
(A) Application for a Special Use
Permit shall be made on the "Permit Application for Special Use of Department
Lands", as specified in Section
702 of these regulations. Failure
to disclose fund-raising or commercial activities or other information per the
instructions on the application may result in a citation and fine.
(B) Applications and Special Use Permit fees
shall be submitted at least 45 calendar days prior to the date of the requested
activity or event to the appropriate regional office. The permit fees for Type
1, Type 2, and Type 3 Special Uses are specified in Section
702 of these regulations.
Applications will not be processed unless they are complete, and the entire
permit fee is paid.
1. After a Special Use
Permit is approved, the permit fees are refundable only if none of the
permitted activities have taken place and all of the activities and dates
covered by the permit are cancelled in writing, in an email or hardcopy,
submitted to the area manager or their designee.
2. Type 3 permit fees are only refundable
until 10 calendar days prior to the scheduled start of any of the permitted
activities, after which the permit fee will be forfeited if the permittee
cancels the special use. Cancelations prior to 10 calendar days before the
start of a Type 3 special use must be provided to the area manager or designee
in writing as an email or hardcopy.
3. All Special Use Permit fees are refundable
if the department does not approve a special use permit application or does not
have adequate staff available to review an
application.
(3) Special Use Permit Application Review
Process
(A) Evaluation Criteria. Criteria used
to evaluate Special Use Permit applications shall include, but not be limited
to, the following:
1. Will the proposed
special use create a greater potential hazard or liability to the State,
resources, or the public than typical operations within the department land on
which the special use is proposed?;
2. Is the special use a compatible use as
defined in subsection
550(b)(2)
?;
3. Can the use be conducted so
as not to conflict with the current uses, management or purposes of the
property?;
4. Will the special use
require the exclusive use of part or all of a property?;
5. Will the special use interfere with other
visitors' use of the property?;
6.
Will additional department staffing or staff time be required to prepare for,
monitor or assist with, or return department land to its previous condition
following the special use?;
7. Will
the permittee charge any fees and, if so, will the proposed fees exceed those
the department charges for licenses, day use fees, or passes?;
8. Will any items, products, or services be
sold?; and,
9. Has the applicant
complied with the terms and conditions of any prior Special Use Permit issued
by the department?.
(B)
Notification of Approval of Special Use Permit. If the department intends to
issue a Special Use Permit, it will provide written notification to the
applicant. The notification will provide an itemized explanation of any fees,
charges or deposits that need to be paid, as well as terms and conditions that
need to be accepted by the applicant/permittee, in order for a Special Use
Permit to be finalized and valid. Payment instructions will be included with
the notification.
(C) Notification
of Denial of Special Use Permit. If the department intends to deny issuance of
a Special Use Permit, it shall provide written notification to the applicant
that the application for a Special Use Permit is denied and include the
reason(s) for the denial in the notification.
(4) Possible Costs In Addition to the Special
Use Permit Fee.
(A) For department lands that
normally require a fee for a Lands Pass or entry permit, the Lands Pass or
entry fee will be required in addition to the Special Use Permit fee. Whether
the Lands Pass or entry fee for each special use participant will be paid
directly to the department by the participants or by the permittee will be
determined as part of the development of the Special Use Permit.
(B) Additional Anticipated Costs. If the
regional manager or his designee determines in advance that department staff
will need to conduct work outside of normal duties or hours to prepare for the
special use, monitor or assist with the special use, or return department land
to its previous condition following the special use, payment of the additional
anticipated cost to the department will be added to the Special Use Permit fee
specified in Section
702 of these regulations and
required to be paid as a condition of the department issuing a Special Use
Permit. The additional cost shall be based on the estimated number of hours,
the job classification of state personnel required to conduct the work, and the
department's costs for employee benefits, overhead, mileage, and use of
department equipment and supplies.
(C) Cleaning or Damage Deposit. Depending on
the anticipated need for cleaning or repair to department property, including
land, infrastructure and/or equipment, the department may charge the applicant
a cleaning or damage deposit in an amount determined by the regional manager or
his designee. Costs to return department property to its previous condition
following the special use shall be deducted from this deposit. The regional
manager or his designee shall determine whether all, a portion or none of the
deposit is refunded based on department costs to clean up or repair
damage.
(D) For-Profit or Fund
Raising Activities. Any person, entity, or organization is prohibited from
holding, sponsoring, leading, or otherwise conducting a recreational,
educational, or other activity occurring wholly or partially within or on any
department land for the purpose of generating revenue or fund raising without
adequate compensation for the use of State resources. Applications for such
events or activities are incomplete and will not be processed unless Attachment
C of Form DFW 730 (incorporated by reference in Section
702) is complete and included with
the application. Unless an event is sponsored or co-sponsored by the
department, payment to the department of a guaranteed minimum fee or percentage
of the gross revenue of the event shall be a condition of any Special Use
Permit that authorizes activities on department land that are intended to
generate revenue or raise funds. The rate or amount of compensation shall be
specified in the draft Special Use Permit. The criteria used to determine the
rate or amount of compensation shall include, without limitation:
1. the extent of the department land to be
used;
2. the duration, size and
scope of the event;
3. the
anticipated impact on department resources and facilities;
4. prevailing fees for comparable facilities
in the locality;
5. amount and type
of permittee's equipment and materials to be used on the department
land;
6. the number of people,
vehicles, bicycles, and/or domestic animals on the department land because of
the special use;
7. the amount of
gross revenue the permittee expects to generate from the event;
8. the cost of services or time required of
or by the department;
9. whether
the applicant is a non-profit organization with tax-exempt status under section
501(c), Subtitle
A of the U.S. Internal Revenue Code; and
10. any other considerations as
appropriate.
(5) Terms and Conditions of Special Use
Permits.
(A) To protect human health and
safety, natural or cultural resources, or department facilities, the regional
manager or his designee may impose special conditions in addition to the
standard terms and conditions included in the Permit Application for Special
Use of Department Lands as specified in Section
702. The department must provide
notice of any special conditions as part of the notification of approval
referenced in subsection
550.5(d)(3)(B) of
these regulations.
(6)
Acceptance of the Terms and Conditions of Special Use Permits and Payment of
Fees.
(A) Type 1 or Type 2 Special Use
Permit. The notification of approval for a Type 1 or Type 2 Special Use Permit
will include a Special Use Permit signed by the wildlife area or ecological
reserve manager and the regional manager or his designee. The Special Use
Permit will include an attachment titled: Attachment B: Applicant Acceptance of
Terms, Conditions and Costs as specified in Section
702. The Special Use Permit is not
valid unless the permittee accepts the terms and conditions of the Special Use
Permit by signing and submitting the signed original of Attachment B and the
full payment of any additional costs or deposits indicated on the permit to the
appropriate regional office at least five calendar days before the beginning of
the event or activity. The permittee should make and keep a copy of the signed
Attachment B with the Special Use Permit. Conducting a special use event or
activity without a valid permit is a violation of subsections
550(c)(2)(A) and
550.5(d)(8) of
these regulations.
(B) Type 3
Special Use Permit. The notification of approval for a Type 3 Special Use
Permit will include a draft permit (not valid). The draft Special Use Permit
will include an attachment titled: Attachment B: Applicant Acceptance of Terms,
Conditions and Costs as specified in Section
702. In order to receive a final,
valid Special Use Permit, the applicant must accept the terms and conditions of
the Special Use Permit by signing Attachment B, and sending the signed original
draft permit and the full payment of any additional costs or deposits indicated
on the permit to the appropriate regional office at least ten calendar days
before the beginning of the event or activity. After the Special Use Permit is
signed by the wildlife area or ecological reserve manager and the regional
manager or his designee, it will be mailed back to the permittee as the valid
permit. Conducting a special use event or activity without a valid permit is a
violation of subsections
550(c)(2)(A) and
550.5(d)(8) of
these regulations.
(7)
Valid Special Use Permit. A valid Special Use Permit includes the completed
application, including the permit section of the form signed by the wildlife
area or ecological reserve manager and the regional manager or his designee,
and any and all attachments referenced in the Special Use Permit. In order for
a Special Use Permit to be valid, all costs that are required to be paid in
advance, as indicated on the permit, must be paid-in-full by the
permittee.
(8) Possession of
Special Use Pemit. The permittee or their representative shall have the valid
Special Use Permit in his immediate possession and on-site during the special
use and shall present it to any department employee upon request.
(9) Authorized Activities. Only the
activities or uses specifically authorized in the Special Use Permit are
permitted. Issuance of a Special Use Permit does not grant visitors any right
to conduct activities not covered by the Special Use Permit. Conducting
activities or uses not covered by the Special Use Permit shall result in
revocation of the Special Use Permit, and may result in a citation and
fine.
(10) Termination of Special
Use Permit. The regional manager or his designee may terminate any Special Use
Permit when the department deems termination necessary for human health and
safety, protection of natural or cultural resources or department facilities.
In addition, any Special Use Permit may be cancelled without notice in the
event of a disaster or unforeseen emergency.
(11) Revocation of Special Use Permit. The
regional manager or his designee may revoke a Special Use Permit and deny
future Special Use Permit applications for violation of any rules or
regulations of the department or conditions of a Special Use
Permit.
1. New
section filed 8-11-2014; operative 8-11-2014 pursuant to Government Code
section
11343.4(b)(4)(A)
(Register 2014, No. 33).
2. Amendment of subsections (a)(1),
(a)(1)(E)-(F), (c)(1) and (c)(3), repealer of subsections (c)(6)-(c)(6)(A),
subsection renumbering, amendment of newly designated subsections (c)(6)-(8),
new subsections (c)(11)-(12), amendment of subsections (d), (d)(2)(A)-(B)1.,
(d)(4)(A)-(B), (d)(5)(A) and (d)(6)(A)-(B) and amendment of NOTE filed
3-17-2017; operative 3-17-2017 pursuant to Government Code section
11343.4(b)(3)
(Register 2017, No. 11).
3. Amendment of subsection (a)(1)(A),
(a)(1)(E), (c)(7)-(8) and (d)(2)(B)-(d)(2)(B)2., new subsection (d)(2)(B)3.,
amendment of subsection (d)(4)(A), (d)(4)(D), and (d)(6)(A)-(B) filed
7-10-2020; operative 7-10-2020 pursuant to Government Code section
11343.4(b)(3)
(Register 2020, No. 28). (Filing deadline specified in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-66-20.)
Note: Authority cited: Sections
200,
1050,
1530,
1764,
1765,
3031
and
10504,
Fish and Game Code. Reference: Sections
355,
711,
713,
1050,
1055.3,
1526,
1528,
1530,
1764,
1765,
2006,
2020,
10504
and
12000,
Fish and Game Code; and Section
14998,
Government Code.