Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Definition and
scope: A Shared Habitat Alliance for Recreational Enhancement Program property
(hereafter referred to as SHARE property) is an area of private property on
which a landowner or their designee has voluntarily allowed the public to
engage in wildlife-dependent recreational activities.
(b) Landowner enrollment process:
(1) Application form: Applicants enrolling in
the SHARE Program shall submit a completed SHARE Program Application, DFW 858
(Rev. 11/15/21), hereby incorporated by reference, and accompanying additional
documentation to the department at the address specified on the
application.
(2) Applicants shall
be individuals or corporate landowners or their designees.
(3) Applications submitted by person(s) other
than the landowner shall be accompanied by a letter signed by the legal
landowner authorizing participation in the SHARE Program.
(4) Landowners may be compensated for
enrollment in the program as described in Fish and Game Code Section
1573.
(c) Permitted uses:
(1) Hunting. Every person hunting on a SHARE
property shall have in their possession a valid California hunting license, an
appropriate tag or seal and a SHARE access permit.
(2) Fishing. Every person fishing on a SHARE
property shall have in their possession a valid California fishing license, an
appropriate report card and a SHARE access permit.
(3) Recreational wildlife observation. Every
person who uses a SHARE property for recreational wildlife observation shall
have in their possession a SHARE access permit.
(4) Access through SHARE property.
(5) SHARE property landowners and their
designees are not required to have in their possession a SHARE access permit at
any time.
(d) Every
person engaged in a wildlife-dependent recreational activity on a SHARE
property shall follow all provisions of the Fish and Game Code and regulations
adopted pursuant to the Fish and Game Code that are applicable to that
activity.
(e) SHARE Access Permit
application process:
(1) The department shall
charge a non-refundable application fee. The base fee for this application is
ten dollars ($10) as of March 1, 2012, and shall be adjusted annually pursuant
to Fish and Game Code Section
713.
(A) The department will define each SHARE
opportunity and specify the property, activity, timeframe and other special
limitations for which applicants can apply.
(B) Applications for a SHARE access permit
will be entered into a random drawing when the number of applications exceeds
the number of SHARE access permits available per recreational
opportunity.
(C) Applications
received after the deadline will not be entered into the
drawing.
(2) The
department may allow party applications for SHARE access permits on SHARE
properties. The department will set party size limits. In random drawings
parties will receive a single random number and SHARE access permits will be
awarded as described in subsection (e)(1)(B). Party applications shall not be
split to meet the number of SHARE access permits available.
(3) Area specific rules, if any, will be
provided to applicants prior to any drawing held to issue SHARE access
permits.
(f) SHARE Access
Permits:
(1) Permit holders may enter or exit
the SHARE property only at designated locations and only within the timeframe
authorized in their SHARE access permit.
(2) Permit holders accessing SHARE properties
shall be required to sign a SHARE Program Liability Waiver, DFW 859 (Rev.
11/15/21), hereby incorporated by reference, that releases the department or
any private group, nonprofit organization, governmental entity, or other
organization involved in administering the program, and the private landowner,
from liability for any injury or damage that arises from, or is connected with
that person's use of the land.
(3)
SHARE access permits are non-transferable.
(g) Pursuant to Fish and Game Code Section
857,
department law enforcement personnel may enter a SHARE property for law
enforcement purposes.
(h) Agreement
Cancellation: The department or landowner may cancel a SHARE agreement and any
associated permits or opportunities without cause at any time. In the event of
SHARE opportunity cancellations, any issued permits or drawings for unissued
permits will be cancelled and SHARE access permit holders will be
notified.
1. New
section filed 7-2-2012; operative 8-1-2012 (Register 2012, No.
27).
2. Change without regulatory effect amending subsections (b)(1)
and (f)(2) filed 3-30-2022 pursuant to section
100, title 1, California Code of
Regulations (Register 2022, No. 13).
Note: Authority cited: Sections
702 and
1572,
Fish and Game Code. Reference: Sections
1571,
1572,
1573
and
1574,
Fish and Game Code.
