Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Definition and Scope: A Private Lands
Wildlife Habitat Enhancement and Management Area, (hereafter referred to as a
PLM) is an area of private lands for which the landowner or their designee
(hereafter referred to as licensee) has completed and implemented a wildlife
habitat enhancement and management plan that actively encourages the
propagation, conservation and wise use of the fish and wildlife populations on
their land. Licenses for such areas may be granted by the commission for a
period of five (5) years following department review and approval of the
management plan.
(b) Application
Process:
(1) Application Form and Management
Plan: The applicant for a license to operate a PLM shall submit a completed
initial application, as specified in Section
702, and any accompanying
additional documentation to the department at the appropriate regional office.
An initial applicant shall include three copies of a general management plan
containing at least the following information:
(A) A legal description of the land to be
included in the PLM. Three original USGS quadrangle maps or equivalent maps
showing the boundaries of the PLM, access roads, any public lands within and/or
adjacent to the PLM and all structures and facilities, shall be submitted with
the initial application;
(B) An
estimate of the wildlife and habitats present within the PLM, including an
indication of animal distribution and habitat condition based on the California
Wildlife Habitat Relationships Database System;
(C) A statement of management
objectives;
(D) A detailed
description of proposed management actions that are intended to achieve the
management objectives;
(E) The
county General Plan land use designation for the PLM.
(2) Applicants shall be individuals or
corporate landowners or their designee.
(3) Applications shall be signed by the
landowner(s).
(4) License Fees: A
nonrefundable fee for the purposes of management plan review by the department
shall be submitted with the application. The fee as specified in Section
702 will be based on the size of
the PLM as follows:
(A) less than 5,000
acres
(B) 5,001 to 10,000
acres
(C) 10,001 to 15,000
acres
(D) greater than 15,001 acres
The application fees are established pursuant to Section
3402(b)
of the Fish and Game Code. Payment of the application fee does not constitute
acceptance into the program. The PLM license shall be valid for five years
during the period from July 1 through June 30, and subject to annual review by
the commission. The application fee covers each five-year license period.
Applications that do not provide the information required will be rejected and
returned to the applicant with an explanation for the rejection. Revised
applications may be resubmitted under the original application fee. Any
individual whose final application has been rejected by the department may
appeal that decision to the commission.
(5) Issuance of PLM License: Upon approval of
the general management plan by the commission, the department shall issue a PLM
license for the taking of any fish, game bird or game mammal in said PLM
pursuant to the regulations of the commission, which, pursuant to Fish and Game
Code section
3406(a),
may supersede Fish and Game Code sections
331(a) and
(b) as it pertains to hunters and license tag
fees for antelope, sections 332(a), (b) and (c) as it pertains to hunters and
license tag fees for elk, and sections 457-459, related to antlerless and
either sex deer.
(A) During the initial
license year, antelope, elk or deer shall not be taken except during the
general open season, consistent with the bag and possession limits for the
hunting zone(s) in which the PLM is located. Upon satisfactory completion of
the first year management actions identified in the plan for the PLM, the
commission may authorize seasons and bag limits which differ from those
established for the general seasons. Hunting must be consistent with the
management plans prepared for that area or herd and should not result in an
overall negative effect on the species population or herd being hunted as
determined by the department.
(6) Annual Review: The licensee shall submit
an annual report to the department no later than February 1. The annual report
shall contain a summary of habitat enhancement and management activities, and
harvest totals for the preceding year. The department shall review each plan to
determine that the licensee has fulfilled the obligations as prescribed in the
management plan. The annual report shall evaluate the results of activities
carried out during the preceding year, including habitat improvement, wildlife
production and population levels, hunter use and harvest of wildlife, including
an accurate account of all PLM tags and seals. Recommended changes in the
general management plan shall also be identified in the annual report.
(A) During the initial five (5) year license
period, the PLM shall be subject to annual inspections by department personnel
to verify the accuracy of the information provided in the annual
report.
(B) PLM properties renewing
their license following the initial five (5) year license period shall be
subject to a minimum of two (2) site inspections within the new five (5) year
license period. Such inspections shall be scheduled at the discretion of the
department.
(C) The department
shall provide the commission with annual recommendations for each PLM regarding
the continuation of the PLM license. This recommendation shall be based on
information provided in the annual report and annual inspections, when
conducted.
(c)
Tags and Seals:
(1) Possession of Tags and
Seals: Every person hunting on a PLM shall have in their immediate possession a
valid California hunting license and the appropriate tag or seal issued by a
licensee or their authorized agent. Licensees shall enter the hunter's name and
Get Outdoors Identification number (GO ID) on each tag and seal before
distributing to the hunter. The tags or seals shall permit hunting for the
period specified in the management plan, or until revoked by the licensee or
the department. Hunters shall only take or possess those species and number of
each species as specified by their hunting tags or seals as approved in the
management plan. This does not apply to species not included in the management
plan which may only be taken in accordance with the provisions of Subdivision
2, Chapters 1-7, and 9 of these regulations. Hunters while on the PLM shall be
subject to all terms and conditions of the license, tag or seal.
(2) Tag and Seal Procedures:
(A) The department shall furnish each
licensee with the appropriate tags or seals authorized under their management
plan. The licensee shall require an unfilled deer tag or PLM voucher valid for
the current license year in exchange for issuing a PLM deer tag to any hunter.
PLM tags can only be used on the PLM for which they are issued.
(B) No hunter shall take more than two deer
each year anywhere in California on either public or private lands. No person
shall take more than one buck deer in the X-zones, as defined in Section
360(b), Title 14,
CCR.
(C) Immediately upon killing
any animal under the authority of the tag or seal issued to them by the
licensee, the hunter shall completely fill out the tag or seal and attach it to
the antler or horn of the male animal, the ear of the female animal, or the leg
of the upland game species. The hunter shall have the tag validated pursuant to
the provisions of Section
4341 of
the Fish and Game Code and Section
708.6, Title 14, CCR. Hunters
shall report their hunt results to the licensee within 2 days of harvesting the
authorized species and surrender their tag to the licensee within 5 days of
their hunt. The licensee shall submit completed report cards to the
department's Wildlife Branch, 1812 Ninth St, Sacramento, CA 95811 on or before
January 5 each year. The tag shall remain with the animal pursuant to sections
708.5,
708(c)(4), and
708(d)(4), Title
14, CCR.
(3) Tag and Seal
Fees: The licensee shall pay the department the fees specified in Section
702 for each tag and seal
authorized annually.
(d)
Operation of a PLM:
(1) Posting: Each PLM
shall be posted by the licensee with signs which have been approved by the
department. Signs shall be placed at intervals not less than three to the mile
along exterior boundaries and at all roads and trails entering such lands.
Where the PLM is bounded by land open to public hunting, posting shall be
required with signs posted at intervals not less than eight to the mile. These
signs shall identify both ingress and egress of the PLM. Posting shall be
completed no later than fourteen days prior to hunting within either the PLM or
adjacent public deer hunting zone, and maintained for the life of the license.
Posting shall ensure that all boundaries are clearly marked and that no public
access roads or areas appear to be closed.
(2) Records: The licensee shall maintain
accurate records of all tags and seals and make such records available to the
department upon request. The licensee shall identify the location where records
will be retained and available for inspection. An accurate accounting of all
hunting tags and seals authorized along with any unissued or unfilled tags or
seals, shall be submitted to the department's Wildlife Branch, 1812 Ninth
Street, in Sacramento, CA 95811, by January 5 of each year. Such accounting
shall include the actual exchanged tags or PLM vouchers provided by the
individual hunters on each area. Fees for all authorized tags and seals shall
be paid in full before the department furnishes tags and seals to the licensee.
Licensee shall purchase all tags and seals that were authorized per the PLM
agreement each year. Refunds shall not be issued for any unissued or unfilled
tags or seals.
(3) Access: During
the PLM hunting seasons, PLM licensees shall provide access to department
wildlife officers to ensure compliance with hunting laws and regulations.
Access to wildlife officers may be in the form of providing a combination lock,
keys to gates, or by allowing the department to place a lock on the gate during
the PLM hunting season.
(e) Revocation of Licenses, Tags, and Seals:
(1) License: A PLM license may be temporarily
suspended by the Director for any breach or violation of the terms of the
license. The department shall notify the commission following any such
suspension. The commission may subsequently revoke or reinstate the license, or
fix the period of suspension, after written notice has been provided to the
licensee. The commission shall consider the suspension, revocation or
reinstatement at the next scheduled commission meeting following written notice
to the licensee. Any licensee convicted of a violation of the Fish and Game
Code or regulations made pursuant thereto must appear before the commission
prior to the issuance of a new license.
(2) Tags and Seals: The licensee, their
designee, or any employee of the department may revoke a hunter's PLM hunting
tag(s), or seal(s) for a violation of any Fish and Game law or regulation or
the terms and conditions of the PLM license.
(f) Termination of License: a licensee may
elect to terminate involvement with the PLM Program by submitting to the
department ten days written notice of their intent to withdraw. This written
notice shall include a full accounting of all tags and seals used, exchanged
tags or PLM vouchers received. Prior to the department receiving this notice
and full accounting, the licensee must abide by the terms and conditions of the
license issued pursuant to Section
3402 of
the Fish and Game Code.
(g) No
person shall violate any of the provisions of this section or any license
issued pursuant thereto. Failure to comply therewith may result in:
(1) denial of application
(2) revocation of license and/or tags and
seals
(3) citation under the
provisions of the Fish and Game Code.
1. New
section filed 9-16-81; effective thirtieth day thereafter (Register 81, No.
38).
2. New section refiled 9-17-81 as an emergency; effective upon
filing (Register 81, No. 38).
3. Certificate of Compliance filed
9-23-81 (Register 81, No. 38).
4. Repealer and new section filed
6-7-82; effective thirtieth day thereafter (Register 82, No. 24).
5.
Amendment of subsection (d)(2) filed 6-17-83; effective thirtieth day
thereafter (Register 83, No. 25).
6. Repealer and new section filed
8-16-84; effective upon filing pursuant to Government Code section
11346.2(d)
(Register 84, No. 33).
7. Amendment filed 4-8-87, operative 4-8-87
(Register 87, No. 15).
8. Amendment filed 2-10-89; operative 2-10-89
(Register 89, No. 8).
9. Editorial correction of subsection (b)(3)
printing error (Register 89, No. 39). Ed. Note: The amendment filed 2-10-89
increasing a non-refundable license fee from $400 to $800 was inadvertently
omitted during the production of Register 89, No. 8.
10. Editorial
correction of printing error in subsection (b)(1) (Register 91, No.
31).
11. Amendment of section heading, subsections (a)-(f) and NOTE,
and new subsection (g) filed 4-7-93; operative 4-7-93 (Register 93, No.
15).
12. Amendment of subsection (c)(2) filed 6-28-2002; operative
6-28-2002 pursuant to Fish and Game Code sections
202 and
215
(Register 2002, No. 26).
13. Amendment filed 6-10-2003; operative
6-10-2003 pursuant to Government Code section
11343.4
(Register 2003, No. 24).
14. Amendment of subsections (a), (b)(1),
(b)(4) and (d)(2) filed 7-7-2004; operative 7-7-2004 pursuant to Government
Code section
11343.4
(Register 2004, No. 28).
15. Change without regulatory effect
amending subsections (b)(1), (b)(4)(A)-(D), (b)(5) and (c)(3)(A)-(J) and
amending NOTE filed 5-11-2005 pursuant to section
100, title 1, California Code of
Regulations (Register 2005, No. 19).
16. Amendment of subsections
(b)(1), (b)(4)-(b)(4)(D) and (c)(3) and repealer of subsections (c)(3)(A)-(K)
filed 8-4-2006; operative 8-4-2006 pursuant to Government Code section
11343.4
(Register 2006, No. 31).
17. Amendment of section and NOTE filed
3-18-2014; operative 4-1-2014 pursuant to Government Code section
11343.4(b)(4)(A)
(Register 2014, No. 12).
18. Change without regulatory effect
amending NOTE filed 8-8-2019 pursuant to section
100, title 1, California Code of
Regulations (Register 2019, No. 32).
Note: Authority cited: Sections
200,
203,
265,
713,
3402,
3404
and
3406,
Fish and Game Code. Reference: Sections
3400,
3401,
3402,
3403,
3404,
3406,
3407,
3408,
4331,
4332
and
4341,
Fish and Game Code; Betchart v. Department of Fish and Game (1984) 158
Cal.App.3d 1104; Oliver v. United States (1984) 466 U.S. 170, 177, 178; and
United States v. Dunn (1987) 480 U.S. 294,
303.
