Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) General
Provisions. Except as otherwise authorized by the Fish and Game Code or
regulations adopted pursuant thereto, it shall be unlawful for any person or
entity to take and/or possess live or dead wildlife, or parts thereof in any
part of the State of California, for scientific, educational, and/or
propagation purposes except as authorized by a permit issued by the department
pursuant to this Section. It shall be unlawful for any person operating under a
permit issued pursuant to this Section to violate any authorizations,
conditions, or terms of the permit, or otherwise fail to comply with, or
violate, this Section.
(1) The department may
issue permits, subject to the conditions and restrictions determined by the
department, which authorize and limit the kind and number of wildlife that may
be taken or possessed, the type of equipment and methods to be used, the time
and seasons for take, and the geographic locations where take may
occur.
(2) Authorized Individual(s)
shall carry in their possession a valid, government-issued form of
identification at all times when conducting any take and/or possession activity
authorized in a permit issued under this Section. The only acceptable forms of
identification are driver's licenses or other photo identification cards issued
by a U.S. state, a Native American tribe for its member, or an international
passport. An identification card from a college, university or school is not a
valid form of identification.
(3)
In compliance with Section
1054.2
of the Fish and Game Code, Authorized Individual(s) shall carry in their
possession the permit, including any amendments to the permit, and a current
List of Authorized Individuals, at all times when conducting any activity
authorized in a permit issued under this Section. Such permit documents shall
be shown upon request to any person authorized to enforce the Fish and Game
Code.
(4) Permits are
non-transferable between Permitholders.
(5) The commercial sales, trade, or barter of
wildlife taken or possessed pursuant to this Section is prohibited. Personal or
human consumption of wildlife taken pursuant to this Section is prohibited,
unless specifically allowed by conditions of the permit, or as exempt pursuant
to subsection
650(u).
Educational programs approved by the department are not considered commercial
or consumptive activities. Wildlife taken and possessed by biological supplier
businesses shall not be used for human consumption or commercial purposes, and
shall only be taken and/or possessed for scientific or educational purposes
when requested by a researcher or educator.
(6) A permit issued pursuant to this Section
is required for any activity conducted for scientific, educational, or
propagation purposes that directly or incidentally takes, possesses, injures,
or damages wildlife within any Marine Managed Area, Marine Protected Area, or
Special Closure, including installation of scientific equipment or sensors for
studying or tracking wildlife or monitoring oceanographic conditions, as
specified in Section
632 of these
regulations.
(7) Any permit issued
pursuant to Section
650 of these regulations
(operative 7-18-1996) prior to October 1, 2018 shall be valid until the
expiration date listed on the permit. All amendments and renewals following the
effective date of these regulations shall comply with the procedures
established in this Section, and those forms listed in subsection
703(c) of these
regulations.
(b)
Definitions. For the purposes of this Section, the following definitions apply:
(1) "Anadromous Waters" means those waters
defined in Section
1.04 of these
regulations.
(2) "Authorized
Individual" means the Permitholder, the Principal Investigator, or any other
person approved by the department to conduct any permitted activity(ies)
independently of the Principal Investigator, and who is named or covered on the
permit's List of Authorized Individuals (LAI).
(3) "Display" means to place or locate
wildlife, or the nests of wildlife, so that public viewing is
allowed.
(4) "Education" means
formal academic instruction, informal interpretive programs, cultural or
ceremonial activities, or other educational programs.
(5) "Entity" means a non-profit, or for
profit, public or private organization, institution or affiliation, state,
local, or federal agency, or Native American tribe.
(6) "Executive Signatory" means the principal
officer or responsible party on an Entity permit, having the legal or other
authority to act for, or bind the Entity. The Executive Signatory may designate
or change the Principal Investigator on an Entity permit when necessary,
subject to approval by the department.
(7) "Field Assistant" means a person who may
assist with activities authorized by a permit issued under this Section, but
may only do so while under the direct supervision of an Authorized
Individual.
(8) "Finfish" means
those fish defined in Section
1.46 of these
regulations.
(9) "Humane" in the
context of taking and/or possessing, or conducting procedures on live wildlife,
means utilizing methods that involve the least possible degree of pain and
suffering practicable to the animal(s) involved, and possession of wildlife
under healthful conditions.
(10)
"Inland Waters" means those waters defined in Section
1.53 of these
regulations.
(11) "Marine Waters"
means the Ocean and San Francisco Bay District as defined in Section
27.00 of these regulations, and
including salt water and/or brackish estuaries, lagoons, and river
mouths.
(12) "Marking" means the
placement of any device or identifying information on or in an animal, or
physical alterations to the animal or carcass for identification and/or
tracking purposes.
(13) "Nest"
means a site or a structure built, maintained or used by an animal that is
occupied by eggs, nestlings, or young, or is otherwise essential to the
survival of a juvenile animal.
(14)
"Non-native" means those species of wildlife, as defined by this Section, that
are not native to California, including species previously established in the
state by the aid of humans.
(15)
"Part" includes, but is not limited to, biological samples collected from an
animal, bones, skin, scales, fins, fur, bird feathers, and raptor pellets,
consistent with Section
80 of
the Fish and Game Code.
(16)
"Permitholder" means the Entity to whom an Entity permit is issued, or the
person to whom an Individual permit or Student permit is issued.
(17) "Person" means an individual.
(18) "Possession" means the temporary or
permanent retention, transportation or relocation of live or dead wildlife
(i.e., carcasses or specimens) and the parts thereof.
(19) "Principal Investigator" ("PI") means a
person approved by the department to be the primary person responsible for
overseeing the permitted activities. In the case of an Entity permit, the PI is
designated by the Permitholder; in all other cases the PI is the same as the
Permitholder. The PI also:
(A) Leads and
provides supervisory oversight for scientific, education, or propagation
activities under the authorizations, conditions, and terms of the
permit;
(B) Has specific expertise
in proposed and/or permitted wildlife taxonomic groups, including species/
subspecies identification and the use of scientifically accepted study methods
and survey protocols;
(C) Is fully
responsible for proposal development, securing all appropriate permits and
landowner permission, project planning, training all Authorized Individuals and
Field Assistants or other person(s) operating under the permit, maintaining
quality control measures, knowing all activities that are occurring in the
field, and taking appropriate action to respond to any wildlife injuries or
mortalities resulting from permitted activities;
(D) Has the primary responsibility for
compliance with all permit authorizations and conditions, and is the primary
point of contact for department inquiries for the permit; and
(E) Provides adequate supervision of all
persons working under a permit, including Authorized Individuals independently
conducting certain or all permitted activity(ies), and ensures that any Field
Assistants are directly supervised by Authorized
Individuals.
(20)
"Procedures" includes measurement, weighing, experimental manipulation,
surgical or medical techniques conducted on wildlife, including, but not
limited to, anesthesia, gastric lavage, marking, collection of wildlife parts
or products thereof, or other procedures as determined by the
department.
(21) "Propagation"
means captive breeding, captive rearing, and other activities that help sustain
or increase wildlife populations for scientific, conservation, management, or
educational purposes.
(22) "Pursue"
means to follow, chase, or otherwise target wildlife with the intent to catch,
capture, possess, kill, mark, or conduct one or more procedure(s) on said
wildlife.
(23) "Research" means
scientific investigation, and may include educational components such as
training. Research also includes surveys or inventories to assess the potential
for, or to monitor actual project impacts on wildlife resources, as required by
environmental documents, permits, or other legal authorizations.
(24) "Science" means basic research, or
applied research.
(25) "Take"
includes all activities listed in Section
86 of
the Fish and Game Code, as well as collecting, handling, marking, manipulating
or conducting other procedures on wildlife, whether wildlife are released, or
retained in possession.
(26)
"Wildlife" means and includes all life stages of any native and non-native
organism in the following plant and animal taxonomic groups, including
carcasses, specimens, and/or parts thereof:
(A) "Amphibian" means any animal in the
taxonomic class Amphibia;
(B)
"Anadromous fish" means those finfish defined in Section
14 of
the Fish and Game Code;
(C) "Bird"
means any animal in the taxonomic class Aves;
(D) "Inland non-anadromous fish" means
finfish that occur in inland waters that are not anadromous;
(E) "Invertebrate" means any animal in
taxonomic invertebrate phyla, including:
1.
Terrestrial and vernal pool invertebrates: invertebrates that occur on land
above mean high tide of marine waters, including aquatic insects in the aerial
life stage and those aquatic invertebrates that occur only in vernal pools or
other ephemeral waters that support vernal pool invertebrates, but do not
normally support finfish;
2.
Aquatic invertebrates: invertebrates that occur in inland waters, other than
vernal pools or other ephemeral waters that support vernal pool invertebrates;
and
3. Marine invertebrates:
invertebrates that occur below mean high tide in marine
waters.
(F) "Mammal"
means any animal in the taxonomic class Mammalia, excluding marine mammals
listed in Section
4500 of
the Fish and Game Code, and wild, feral, or undomesticated burros pursuant to
Section
54 of
the Fish and Game Code;
(G) "Marine
algae and plants" means any seaweed belonging to the members of the red, green,
or brown taxonomic divisions of algae and any marine vascular plant, including,
but not limited to, seagrasses listed in Section
30.10 of these
regulations;
(H) "Marine fish"
means anadromous or non-anadromous finfish that occur in marine waters;
and
(I) "Reptile" means any animal
in the taxonomic class Reptilia.
(c) Purposes of Permit. Permits issued
pursuant to this Section shall meet one or more of the purposes described below
and defined above.
(1) Science, the results
of which achieve either, or both, of the following:
(A) Contribute to the knowledge of wildlife
biology, and/or related biological, ecological, or environmental
fields;
(B) Provide research and/
or management data important or necessary to promote the protection,
conservation, or management of natural resources of this
State.
(2) Education,
which includes, but is not limited to:
(A)
Instruction on the conservation, biology, or ecology of the State's natural
resources;
(B) Interpretation of
the State's natural history, including its wildlife, and their
communities;
(C) Training in
methods or techniques that result in the take and/or possession of wildlife in
the field or laboratory; or
(D)
Other activities that are part of a college level course in wildlife biology,
fisheries biology, or general biology and ecology.
(3) Propagation, efforts for which the
objective is consistent with Section
1801 of
the Fish and Game Code for maintaining biologically sustainable populations,
such as:
(A) Captive breeding, captive
rearing, and other actions that may not involve captivity to promote successful
reproduction as part of a department-approved recovery or conservation plan for
a listed species or other species of conservation concern, or for scientific
research purposes;
(B) Possessing
wildlife in captivity for scientific research or monitoring, or to gain
knowledge of techniques for reproduction, or for use in educational programs
consistent with this Section;
(C)
Removal of non-native, invasive, or detrimental wildlife to improve or restore
ecosystem or habitat conditions, or otherwise enhance the sustainability of
native wildlife or other species; or
(D) Management responses necessary to prevent
catastrophic wildlife population losses from drought, mudslides, wildfires,
disease outbreaks, and other natural or man-made disasters, or to capture,
temporarily possess, and relocate wildlife to avoid harm or mortality in
connection with otherwise lawful activities.
(d) Application Review Programs. Permit
applications pursuant to this Section are reviewed and conditioned by the
appropriate department permit review program(s) responsible for the following
taxonomic groups of wildlife, or their nests and eggs, as specified below:
(1) "Inland Fisheries" program reviews
applications for anadromous fish, non-anadromous fish, and aquatic
invertebrates taken in inland waters;
(2) "Marine" program reviews applications for
marine and anadromous finfish, marine algae, marine plants, and marine
invertebrates taken in marine waters;
(3) "Terrestrial Wildlife" program reviews
applications for terrestrial and vernal pool invertebrates, amphibians,
reptiles, mammals, and birds; or,
(4) If an application requests take and/or
possession of wildlife for more than one department review program, more than
one review program may process a single application, at the department's
discretion, as specified in subsection
650(i)(2).
(e) Application and Review Procedures.
(1) Applicants for a permit shall utilize
those forms listed in subsection
703(c) of these
regulations. Application forms are available on the department's internet web
site:
www.wildlife.ca.gov.
Applications shall be submitted in an electronic format when available; no
handwritten applications shall be accepted. Name(s) of all persons listed on
the permit application shall match those on government-issued
identification.
(2) Applicants
shall provide all relevant and applicable information requested in the forms
listed in subsection
703(c) of these
regulations for the application to be considered complete. Failure to answer
any questions fully or submit any required information may delay the processing
of the application, or may result in denial of the application.
(3) Following receipt of an application, the
department will determine whether an application is complete within 40 calendar
days from the date the application fee clears payment.
(A) If the application is determined to be
incomplete, the department will notify the applicant in writing of any
deficiencies in the application or information provided. The applicant shall
provide any outstanding information or related documents to the department
within 30 calendar days of the notification, or the application may be
denied.
(B) When the application is
determined to be complete, the department will approve or deny the permit
within 60 calendar days of that determination, notwithstanding certain pending
permits that require notification to the public.
(C) The department shall notify the public at
least 30 days prior to issuance of a permit and/or memorandum of understanding
that authorizes (a) research study(ies) involving mountain lions (Puma
concolor) (pursuant to Section 4810 of Fish and Game Code), or authorizes the
use of dogs to pursue bears (Ursus americanus) or bobcats (Lynx rufus) for
research (pursuant to Section 3960.4 of Fish and Game
Code).
(f)
Permitholder Types. The department may issue permits pursuant to this Section
to the following types of Permitholders:
(1)
"Entity permits" may be issued to an eligible Entity in the name of the Entity
as the Permitholder. The Executive Signatory of an Entity permit shall
designate a PI to oversee all activities conducted under the permit on the
Entity's behalf. The Executive Signatory may also apply as the PI on a permit;
in both cases, the PI shall be subject to approval by the department. Both the
Entity and the PI shall be liable for any violations of this section or any
authorizations, conditions, or terms of an Entity permit.
(2) "Individual permits" may be issued in the
name of an eligible person who acts as both the Permitholder and PI, and that
person is responsible for overseeing all activities conducted under the
permit.
(3) "Student permits" may
be issued in the name of a student as defined in subsection
650(g)(8).
Students shall act as the Permitholder; however, one faculty member affiliated
with the student's college or university shall act as a Student Sponsor, as
described in subsection
650(h).
(g) Person(s) and Entity(ies) Eligible for
Permit. Notwithstanding subsection
650(h), the
department may issue an Individual permit to the following persons, or an
Entity permit to the following organizations, institutions, affiliations, or
partnerships among the following, to take and/or possess wildlife for
scientific, educational, or propagation purposes:
(1) Employees of local, state, and federal
agencies who take and/or possess wildlife in connection with their official
duties;
(2) Members of Native
American tribes, and these tribes, or their agents and employees;
(3) Employees, contractors, and volunteers at
zoological gardens, museums, or aquariums;
(4) Employees, contractors, and volunteers at
non-governmental and non-profit organizations, or citizen scientists;
(5) Employees and contractors of private
consulting firms, or independent biological consultants;
(6) Employees of businesses, including but
not limited to timber and forest management, utilities, biomedical research,
and biological suppliers (notwithstanding Section
651 of these
regulations);
(7) Faculty, other
employees and volunteers at universities, colleges or other educational or
academic institutions; and
(8)
Students, 18 years of age or older, of collegiate level, enrolled at a
university, college, or other academic institution of higher
education.
(h) Required
Qualifications. The following information is required for each Individual and
Student Permitholder, PI, and person(s) requested for identification on a
permit's LAI as an Authorized Individual:
(1)
A statement of qualifications that quantifies and describes experience with
requested wildlife and/or similar wildlife. The statement of qualifications
shall include:
(A) Approximate number of
hours of focused activity in occupied habitat, as well as the approximate
number of hours conducting the proposed activities, capture methods, and
procedures for each requested wildlife species, wildlife taxonomic group, or
similar wildlife taxon;
(B)
Locations and dates where the experience was obtained, and the name(s) of
persons who provided training;
(C)
Any relevant survey, or hands-on training, or experience; and
(D) For PIs only, how responsibilities under
subsection
650(b)(19) will
be met.
(2) A resume or
curriculum vitae (CV) that describes the educational background and
wildlife-related experience, including a list of any relevant
publications.
(3) Except for when
applying as Student Permitholders, current contact information (name, title,
affiliation, e-mail address, and phone numbers) for two (2) references (for
example, other Permitholders or subject matter experts) who can verify the
person's experience with requested wildlife. For new applicants requesting take
and/or possession of mountain lion, two letters of recommendation shall be
submitted with the application as verifiable documentation, pursuant to Section
4810 of Fish and Game Code.
(4) In
addition to the statement of qualifications and resume or CV, when applying as
Student Permitholders, the applicant shall have one faculty member affiliated
with the student's university or academic institution provide proof of
sponsorship of the student via a letter of sponsorship submitted on
organization letterhead. Proof of sponsorship by a faculty member shall be in
lieu of the two references.
(i) Permit Use Levels. Applications for the
following permit use levels may be considered for Entity, Individual, and
Student Permitholders:
(1) A General Use
permit:
(A) May only be issued for activities
that may have broad or general temporal and geographic scope, such as general
research and education-based activities, involving certain non-invasive or
standardized methods and procedures with low levels of accidental injury or
mortality, and non-sensitive and/or common wildlife;
(B) May only be issued for select wildlife
taxonomic groups under the responsibility of a single department review program
(Inland Fisheries, Marine, and Terrestrial Wildlife);
(C) May only be issued with select
Authorizations describing pre-determined and/or excluded activities, species,
methods, and locations, as specified in the application forms for General Use
permits listed in subsection
703(c) of these
regulations;
(D) Is required when
terrestrial invertebrates covered on the California Terrestrial and Vernal Pool
Invertebrates of Conservation Priority list (dated June 12, 2017, available at
https://www.wildlife.ca.gov/Licensing/Scientific-Collecting),
hereby incorporated by reference, may be incidentally taken during the course
of field activities that are otherwise exempt from a permit, pursuant to
subsection
650(u)(5);
and
(E) May only be amended
pursuant to subsection
650
(l)(2).
(2) A Specific Use permit:
(A) May only be issued for an individual
study, or a planned undertaking, either of which shall meet the requirements of
subsections
650(c) and
650(b)(19) of
these regulations. An individual study involves activity(ies) that address
specific research question(s), or achieves goals and objectives of defined
temporal and geographic scope. A planned undertaking may involve one or more
studies, or may involve multiple activities sharing a fundamental scope with
unifying goals and objectives;
(B)
May be issued for wildlife taxonomic groups under the responsibility of one or
more department review programs (Inland Fisheries, Marine, and Terrestrial
Wildlife), as determined by the department. The taxonomic groups, conservation
status of the species or wildlife, invasiveness of proposed methods or
procedures, or proposed locations of studies may result in a planned
undertaking being ineligible for a single Specific Use permit, and instead
require more than one Specific Use permit, or a combination of General Use and
Specific Use permits;
(C) May be
issued for wildlife and species, activities, and methods that may or may not
otherwise be authorized under a General Use permit, as specified in the
application form for Specific Use permits listed in subsection
703(c) of these
regulations, and where permit conditions may be developed as
appropriate;
(D) May be issued for
intentional take and/or possession of terrestrial invertebrates covered on the
California Terrestrial and Vernal Pool Invertebrates of Conservation Priority
list (dated June 12, 2017, available at
https://www.wildlife.ca.gov/Licensing/Scientific-Collecting);
and
(E) May only be amended
pursuant to subsection
650
(l)(3).
(j) List of Authorized Individuals. It shall
be unlawful to conduct any permitted activities, or a portion of activities,
unless those persons are directly supervised (i.e., Field Assistants), or who
are named, or covered, on a LAI approved by the department.
(1) For a General Use level permit:
(A) A maximum of eight (8) Authorized
Individuals, aside from the PI, may be requested on the proposed LAI, and
approved by the department for each "Authorization" for the duration of the
General Use level permit.
(B) If
eight Authorized Individuals per Authorization (aside from the PI) are not
requested with submission of an application fee for a General Use level permit,
then after permit issuance, the Permitholder may request an amendment for
additional Authorized Individuals up to the maximum of eight on each
Authorization. A nonrefundable amendment fee will be assessed as specified in
subsections
650 (l) and
703(c) of these regulations.
(2) For a Specific Use level permit:
(A) Up to eight (8) Authorized Individuals
(aside from the PI) may be requested for approval on the permit's LAI with
submission of an application fee for a Specific Use level permit.
(B) If additional Authorized Individuals
above eight (aside from the PI) are requested for approval to be named or
covered on the LAI for (an) activity(ies), then the applicant shall justify in
the application why more than eight Authorized Individuals (aside from the PI)
are needed to conduct the proposed activity(ies) for department consideration.
An additional fee in the amount of the amendment fee as specified in
subsections
650 (l) and
703(c) of these regulations shall be submitted to the department for it to
consider the request.
(3)
A copy of the current LAI shall be in possession of all Authorized Individuals
while conducting permitted activities, in addition to the requirements listed
in subsection
650(a)(3).
(4) Field Assistants are not required to be
named or covered on the LAI, but their names shall be provided to the
department during reporting of permitted activities.
(k) Permit Duration.
(1) General Use and Specific Use permits for
Entity and Individual Permitholders are valid for three (3) years from the date
of issuance. General Use and Specific Use permits for Student Permitholders are
valid for one (1) year from date of issuance. Issued permits are a public
record.
(l) Permit
Updates and Amendments. Permitholders may request the following types of
changes to a permit issued pursuant to this Section with submission of an
amendment application using forms listed in subsection
703(c) of these
regulations. Applications to amend an existing permit are subject to the same
application and review procedures indicated in subsection
650(e). Approved
amendments do not change or extend the expiration date of the original permit.
(1) Administrative Updates. Updating contact
or affiliation information, or removing Authorized Individuals from the
permit's LAI are administrative changes that do not constitute an
amendment.
(2) Amendments for
General Use level permits. A General Amendment may be requested for eligible
changes listed on General Use level amendment forms specified in subsection
703(c) of these
regulations. Eligible changes include the Executive Signatory changing a PI on
an Entity permit, the addition or exchange of Authorized Individuals on the LAI
under one or more Authorizations for both Entity and Individual permits, and
the addition of one or more new Authorizations within the same permit for all
Permitholder types. The amendment request will be reviewed by the appropriate
department review program upon payment of the General Amendment fee specified
in subsections
650(m) and
703(c) of these
regulations, and may be approved or denied at the department's
discretion.
(3) Amendments for
Specific Use level permits. A Specific Amendment may be requested for eligible
changes listed on the Specific Use level permit forms specified in subsection
703(c) of these
regulations. Eligible changes include the Executive Signatory changing a PI on
an Entity permit, the addition or exchange of Authorized Individuals on the
permit's LAI for both an Entity and Individual permit, and the amendment of
Specific Use permit information for all Permitholder types. Specific Use permit
information includes the proposed number and kind of wildlife to be taken or
possessed, activities, methods, procedures, timeframe, and location. The
amendment request will be reviewed by the appropriate department review
program(s) upon payment of the Specific Amendment fee specified in subsections
650(m) and
703(c) of these
regulations, and may be approved or denied at the department's
discretion.
(4) New permit. Any
amendment request to an existing General Use permit that requires more than
eight Authorized Individuals per Authorization (aside from the PI), or requests
Authorizations for taxonomic groups requiring review by a different department
review program, shall require the appropriate new General Use permit
application be submitted pursuant to subsections
650(d) and (e),
and payment of fees pursuant to subsections
650(m) and
703(c) of these
regulations. Any amendment or change request to an existing Specific Use permit
that changes the fundamental scope, or goals and objectives of the original
permit shall require a new permit application be submitted pursuant to
subsections
650(d) and (e),
and payment of fees pursuant to subsections
650(m) and
703(c) of these
regulations.
(m) Permit
Fees. An applicant for a new permit, an amendment to an existing permit, or a
request for permit renewal shall submit the appropriate completed application/
renewal forms for General or Specific Use permits, or General or Specific
amendment forms along with the appropriate nonrefundable fees and timeframe to
pay such fees, as specified in subsection
703(c) of these
regulations.
(n) Permit Conditions.
The Permitholder, all Authorized Individuals, and Field Assistants shall comply
with all permit authorizations, conditions, or other terms of the permit,
including "Standard Conditions for All Scientific Collecting Permits"
incorporated by reference in subsection
703(c) of these
regulations for every permit, as well as any additional conditions required by
the department. The department may modify the authorizations, conditions, or
terms of a permit at any time.
(o)
Department Notification Prior to Conducting Field Work or Activity. Student
Permitholders, and the PI, or any Authorized Individual on an Entity or
Individual permit, shall notify the department at least 36 hours, but not more
than 14 calendar days prior to conducting permitted take and/or possession
activity(ies) in the field, unless otherwise specified in the conditions of the
permit. All fields on the notification form specified in subsection
703(c) of these
regulations shall be completed, and the completed form shall be sent
electronically to department law enforcement and other department contacts, as
specified in the conditions of the permit.
(1)
Field activities that may occur sequentially over more than one day, but within
a 14-day period, or that follow a set schedule of up to a 14-day period, may be
covered under a single notification, unless otherwise specified in the
conditions of the permit. If field activities may span longer than a
consecutive 14-day period, individual notification forms shall be re-submitted
to the same contacts listed in the permit conditions every 14 days.
(2) Any change to the notification
information provided for any permitted activity requires submission of a
revised notification form following the timeframes specified in subsection
650(o).
(p) Reporting Requirements.
(1) Each Student Permitholder, or the PI on
an Entity or Individual permit, shall report all wildlife taken and/or
possessed within 30 days following the expiration of the permit, or upon
submitting a renewal application, whichever comes first, or as required by the
Authorizations or conditions in the permit. Even if the permit will not be
renewed, each Student Permitholder, or Entity or Individual PI shall submit a
final report to the department.
(2)
The department shall require reporting in the format specified in subsection
650(p)(2)(A), and
may require one or more of the following formats specified in subsection
650(p)(2)(B) through
(F):
(A) A
mandatory reporting form in an electronic format available on the department's
website specified in subsection
703(c) of these
regulations, carried in possession during activities with permit documents
consistent with subsection
650(a)(3), or in
a paper or electronic format with the same required information fields. If no
activities were conducted, or no wildlife were taken and/ or possessed during
the permit period, the Permitholder shall indicate on the mandatory report(s)
that no wildlife or specimens were taken and/or possessed;
(B) A written report as specified in the
conditions of the permit;
(C)
Electronic data in a format specified by the department;
(D) Submissions for special animals and
plants tracked by the department's California Natural Diversity
Database;
(E) Transfer of
possession of live or dead wildlife as outlined in subsection
650(q);
and
(F) As otherwise required in
writing by the department.
(3) Failure to submit required information or
reports shall result in revocation of an existing permit, and may result in
denial of subsequent applications by that Permitholder, or may result in denial
of future approval as a Permitholder or Authorized Individual on other permits,
pursuant to subsection
1002(m)
of the Fish and Game Code.
(q) Possession and Transfer of Wildlife. It
shall be unlawful for any person to possess any live or dead wildlife for the
purposes of this Section, unless the person can provide documentation of lawful
take and possession upon request by any employee of the department.
(1) Live wildlife may only be possessed, for
purposes of this Section, with a valid permit or written authorization issued
by the department. No live wildlife held, possessed, or displayed may be
released to the wild for any purpose without written authorization by the
department. Live wildlife may be transferred only as specified in the permit or
written authorization, but shall be accompanied by the completed custody form
as specified in subsection
703(c) of these
regulations.
(2) Accidentally
killed or legally acquired dead wildlife that are salvaged, or otherwise
possessed under a permit issued pursuant to this Section, may be transferred
only as specified in the permit or in subsection
650(q)(3).
Persons or entities receiving dead wildlife taken or possessed pursuant to this
Section may be named as Authorized Individuals on the permit's LAI itself, and
when a copy of the permit accompanies the dead wildlife, this shall serve as
documentation of lawful taking and possession of said wildlife.
(3) Even if the recipients are named or
covered on the permit, a completed custody form as specified in subsection
703(c) of these
regulations, in lieu of a permit, shall document and accompany the transfer of
all dead wildlife taken or possessed under this Section, at all times,
including during transport and shipment; this shall serve as documentation of
lawful taking and possession of said wildlife. Subsequent transfers of such
dead wildlife to another recipient shall also be documented and accompanied by
the completed custody form specified in subsection
703(c) of these
regulations, and that form shall include all prior transfers. Reporting of such
transfer via the custody form shall occur as specified in the original
Permitholder's permit conditions as the donor, as required by the custody form
for reporting by a subsequent recipient acting as a donor, or as required for
reporting under subsection
650(p).
(4) Eligible entities as defined in
subsection
650(g) engaged in
scientific study, education, or propagation of wildlife that are open to the
public for viewing of wildlife specimens may possess, accept donations of, or
exchange between organizations, such specimens lawfully taken or possessed
pursuant to this Section without obtaining a separate permit. A copy of the
permit under which the animal was taken, or a custody form as specified in
subsection
703(c) of these
regulations, shall accompany such wildlife. This exemption shall not apply to
wildlife taken pursuant to other codes or regulations, including any candidate,
threatened, endangered, or fully protected species, or wildlife taken under a
hunting or fishing license.
(5) The
above entities shall comply with all other local, state, and federal laws and
regulations pertaining to permitting of wildlife taken, possessed, and
displayed.
(6) The department may
direct disposal of dead wildlife, wildlife accidentally taken by motor vehicle,
or and wildlife taken incidental to an otherwise lawful
activity.
(r) Permit
Denial. The department, in its sole discretion, may deny a permit application,
a portion of a permit application, or decline an application to amend or renew
a permit, including for the reasons set forth in this subsection.
(1) Circumstances for denial, as determined
by the department, include:
(A) The applicant
has failed to comply with an authorization, condition, or term of the permit,
the provisions of this Section, or failed to comply with any related provision
of the Fish and Game Code or regulations adopted pursuant thereto;
(B) The applicant has failed to disclose
required material information, or has made false statements as to any material
fact, in connection with an application;
(C) The department finds that the applicant
is not qualified to conduct the proposed activities;
(D) The department determines that issuing
the permit is or is not in the best interest of a wildlife resource, is not
necessary to benefit wildlife, or that the application needlessly duplicates
previously documented scientific research;
(E) The proposed take and/or possession of
wildlife does not meet the requirements of this Section and related sections of
the Fish and Game Code, or the purpose of the submitted application proposed
take does not meet the scientific, educational, or propagation purposes
described in subsection
650(c);
(F) The proposed take and/or possession of
wildlife could compromise the health or condition of targeted wildlife proposed
to be taken, or those wildlife that may be taken incidentally, or potentially
threatens the sustainability of a wildlife population(s);
(G) The applicant has not provided required
information or related documents for the department to determine whether the
application is complete, pursuant to subsection
650(e);
and
(H) The applicant has failed to
submit information or reports required by this Section, pursuant to subsection
1002(m)
of the Fish and Game Code, or by a previously held permit.
(2) The department shall notify the applicant
in writing of the denial action, and within 30 days of applicant's receipt of
notification of the denial, the department shall describe the reasons for the
denial, as well as the applicant's right to request reconsideration of the
department's action.
(s)
Permit Revocation, Suspension, or Modification by the Department. The
department, in its sole discretion, may revoke, suspend, or unilaterally amend
or modify a permit, including for the reasons set forth in this subsection.
(1) The department shall revoke an existing
permit if the Permitholder fails to comply with the reporting requirements of
this Section, or the conditions of the permit, pursuant to subsection
1002(m)
of the Fish and Game Code.
(2) The
department may suspend, revoke, or modify any permit issued pursuant to this
section for any of the following reasons:
(A)
The required fees have not been received by the department within timeframes
specified in subsection
703(c), or
elsewhere in these regulations;
(B)
Failure to comply with the authorizations, conditions, or terms of the permit,
or failure to comply with any related provision of the Fish and Game Code or
any regulation adopted pursuant thereto;
(C) A change occurs in the laws or
regulations that prohibits the continuation of the permitted take and/or
possession activity; or
(D) If in
the department's sole assessment, wildlife is vulnerable, or the wildlife that
is the subject of the permit declines to the extent that continuation of the
permitted activities would be detrimental to the sustainability of the affected
population.
(3) The
department shall notify the Permitholder of any permit revocation, suspension,
or modification action in writing, and within 30 days of applicant receipt of
notification, the department shall send electronically and via certified mail
the following information: the name of the Permitholder, any permit
identification number(s), a description of the reasons for the revocation,
suspension, or modification, any action(s) necessary for the Permitholder to
correct any deficiencies, the required disposition of wildlife, and the
Permitholder's right to request reconsideration of the department's
action.
(t) Requests for
Reconsideration. Any Permitholder who receives a notice of revocation,
suspension, or modification of their permit, or a notice of denial of their
permit application for a new permit, or permit renewal or amendment, may submit
a written request for reconsideration to the department no later than 30
calendar days following the date of the notification, and shall set forth the
reasons for the requested reconsideration. The department shall consider any
information submitted with the request, and within 60 calendar days may, in its
sole discretion, reverse or amend its decision, including based upon a mistake
of fact, a mistake of law, or because the Permitholder takes corrective actions
pursuant to new permit conditions or an agreement direction from the
department.
(u) Exemptions. The
following activities do not require a permit pursuant to this Section:
(1) Federally recognized tribes and their
members possessing accidentally killed or legally acquired dead wildlife that
is not a big game, rare, threatened, endangered, or fully protected
species.
(2) Entities or persons
performing monitoring activities for dreissenid mussels in waterbodies or water
supply systems as defined in Sections
672(a)(10) and
(11) of these regulations under a
department-approved Dreissenid Mussel Control Plan pursuant to subsection
672.1(a), or a
department-reviewed Prevention Program pursuant to subsection
672.1(b) of these
regulations.
(3) Routine water or
sediment sampling for chemical, bacterial, or other analyses as required by
government regulation or mandate when aquatic, freshwater, or benthic
invertebrates, or other wildlife are not being targeted. This exemption does
not apply for the following activities in marine waters:
(A) Sediment sampling in eelgrass beds, kelp
forests, or Marine Managed Areas, Marine Protected Areas, or Special Closures
pursuant to subsection
632(a)(9) of
these regulations, and for Rockfish Conservation Areas described in sections
27.20 through
29.85 of these
regulations.
(B) Water sampling
within Marine Managed Areas, Marine Protected Areas, or Special Closures
pursuant to subsection
632(a)(9) of
these regulations.
(4)
The take or possession for scientific, educational, or propagation purposes, if
it is authorized in another approval issued by the department, such as in a
permit issued under the Natural Community Conservation Planning Act.
(5) Take or possession of terrestrial and
vernal pool invertebrates for scientific, educational, or propagation purposes,
if those invertebrates are not:
(A) Listed on
the California Terrestrial and Vernal Pool invertebrates of Conservation
Priority list (dated June 12, 2017, available at
https://www.wildlife.ca.gov/Licensing/Scientific-Collecting),
or
(B) Those invertebrates that
occur only in vernal pools, or occur in other ephemeral waters that support
vernal pool invertebrates, but do not normally support
finfish.
(6) Take or
possession of terrestrial plants, and freshwater plants and algae. Persons
wanting to take or possess rare, threatened, and/or endangered plant species
shall obtain a scientific, educational or management permit, pursuant to
Section 786.9 of these regulations, or
sections 1900 et seq. or 2080 et seq. of
the Fish and Game Code.
1. New
subsection (a)(8) filed 1-16-74; effective thirtieth day thereafter (Register
74, No. 3). For prior history, see Register 70, No. 50.
2. Repealer
and new section filed 7-16-81; effective thirtieth day thereafter (Register 81,
No. 29).
3. Order of Repeal of last sentence of first paragraph of
subsection (g) and subsection (l) filed 6-3-85 by OAL pursuant to Government
Code Section
11349.7;
effective thirtieth day thereafter (Register 85, No. 26).
4.
Repealer and new section filed 6-18-96; operative 7-18-96 (Register 96, No.
25).
5. Amendment of section heading, repealer and new section and
amendment of NOTE filed 5-1-2018; operative 10-1-2018 (Register 2018, No.
18).
Note: Authority cited: Sections
702,
1002,
1002.5,
1003,
1050,
2860
and
4810,
Fish and Game Code. Reference: Sections
14,
22,
33,
45,
51,
54,
56,
79,
80,
86,
88,
89.5,
703.3,
710.5,
711.7,
713,
1001,
1002,
1006,
1008,
1017,
1050,
1050.1,
1050.3,
1050.5,
1052,
1054,
1054.2,
1603,
1700,
1755,
1764,
1801,
1802,
1907,
2000,
2000.5,
2002,
2010,
2012,
2013,
2021,
2080,
2081,
2353,
2582,
2583,
2835,
3007,
3503,
3503.5,
3511,
3960.4,
4004,
4150,
4155,
4700,
4810,
5050,
5515,
8598.3
and
12000,
Fish and Game Code; Section
597, Penal
Code; and Sections
36602
and
36710,
Public Resources Code.