Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) General Provisions.
(1) Any person who wants to engage in
falconry activities shall first apply for and be issued an annual falconry
license from the department.
(2)
Except as provided in Section
12300,
Fish and Game Code, it shall be unlawful for any person to engage in falconry
in California unless they have in their immediate possession a valid original
falconry license, a valid original hunting license, and any required
stamps.
(3) Falconry activities
shall be as provided by the Fish and Game Code and regulations provided
herein.
(4) Applicable regulations
adopted by the U.S. Secretary of the Interior pursuant to the Migratory Bird
Treaty Act (MBTA) and published in Title 50, Code of Federal Regulations, Part
21 (Revised 07/02/2015), hereinafter referred to as 50 CFR 21, are hereby
incorporated and made a part of these regulations.
(5) Falconry applications and records as
required by this section shall be kept on forms provided by the department and
submitted to the department's License and Revenue Branch,1740 N. Market Blvd.,
Sacramento, CA 95834; or, submitted to the department's online reporting system
website at wildlife.ca.gov.
(b) Definitions. For purposes of this
section, the following definitions apply:
(1)
"Abatement" is the use of trained raptors to reduce human/wildlife
conflicts.
(2) "Captive-bred
raptor" means the progeny of a mating of raptors in captivity, or progeny
produced through artificial insemination.
(3) "Capture" means to trap or capture or
attempt to trap or capture a raptor from the wild.
(4) "Eagles" includes golden eagle
(Aquila chrysaetos), bald eagle (Haliaeetus
leucocephalus), white-tailed eagle (Haliaeetus
albicilla), and Steller's sea-eagle (Haliaeetus
pelagicus).
(5) "Exotic
raptor" is a raptor that has no subspecies occurring naturally in the wild in
the United States and is not covered under the MBTA.
(6) "Eyas raptor" or "nestling" is a young
raptor not yet capable of flight.
(7) "Falconry" means the possession, housing,
trapping, transport, and use of raptors for the purpose of hunting or
training.
(8) "Hacking" is the
temporary or permanent release of a raptor held for falconry to the wild so
that it may gain experience and conditioning.
(9) "Hybrid raptor" means offspring of
raptors of two or more distinct species listed in Title 50, CFR, Section
10.13.
(10) "Imping" is to cut a
broken or damaged feather and replace or repair it with another
feather.
(11) "Imprint" means a
raptor that is hand-raised in isolation from the sight of other raptors from
two weeks of age until it has fledged. An imprinted raptor is considered to be
so for its entire lifetime.
(12)
"License year" is the 12-month period starting July 1 and ending the following
June 30, and is the same as the term "regulatory year" for determining
possession and take of raptors for falconry as defined in 50 CFR 21.
(13) "Non-native raptor" is any raptor that
does not naturally occur in the state of California
(14) "Passage raptor" is a juvenile raptor
less than one year old that is capable of flight.
(15) "Raptor" means any bird of the Order
Falconiformes, Accipitriformes or Strigiformes, or a hybrid thereof.
(16) "Wild raptor" means a raptor removed
from the wild for falconry. It is considered a wild captured raptor, no matter
its time in captivity or whether it is transferred to other licensees or permit
types.
(c) Take of Game
Species or Nongame Birds or Mammals. Every person using falconry raptors to
hunt or take resident small game including upland game species, migratory game
birds, or nongame birds or mammals in California shall abide by the laws and
regulations authorizing hunting of such species, including, but not limited to,
licenses, seasons, bag limits, and hunting hours.
(1) A licensee shall ensure, to the extent
possible, that falconry activities do not result in unauthorized take of
wildlife.
(A) If an animal is injured as a
result of unauthorized take, the licensee shall remove the animal from the
raptor and transport the injured animal to the nearest wildlife rehabilitation
center.
(B) If an animal is killed
as a result of an unauthorized take, the licensee may allow a falconry bird to
feed on the kill but the licensee shall not possess the animal and shall leave
the kill at the site where taken.
(2) The take shall be reported to the
department, with the band or tag number of the species taken (if any), as set
forth in subsection (f).
(d) Take of State or Federal Threatened or
Endangered Species. This license does not authorize take of state or federally
listed threatened, endangered, or candidate wildlife, or wildlife designated as
fully protected within the State of California. Any take shall be reported by
the licensee to the nearest U.S. Fish and Wildlife Service (USFWS) Ecological
Services Field Office and the department's License and Revenue Branch within 10
calendar days of the kill. The licensee shall report his or her name, falconry
license number, date, species and sex (if known) of the animal taken, and exact
location of the kill as provided in 50 CFR 21.
(e) Licensing.
(1) Falconry Licenses: A falconry license is
issued in one of three falconry classes listed in subsection (e)(6) and may be
issued to a:
(A) California resident,
nonresident, or non-US citizen, who is applying for a new license;
(B) California licensee who is applying to
renew a license that has not been expired for more than 5 years;
(C) California licensee who is applying to
renew a license that has not expired; and,
(D) Nonresident or non-U.S. citizen falconer
who has a valid falconry license issued from another state or
country.
(2) Application
for License.
(A) The applicant for a new
license shall submit a completed New Falconry License Application with the
nonrefundable fee, as specified in Section
703, to the address listed on the
application.
(B) The applicant for
renewal of a license that has not been expired for more than 5 years shall
submit a completed Falconry License Renewal Application with the nonrefundable
fee, as specified in Section
703, to the address listed on the
application.
(C) The department may
issue new licenses and renew licenses with the conditions it determines are
necessary to protect native wildlife, agriculture interests, animal welfare,
and/or human health and safety.
(D)
Signed Certification. Each application shall contain a certification worded as
follows: "I certify that I have read and am familiar with both the California
and U.S. Fish and Wildlife Service falconry regulation, CFR 50, Sections 21.29
through 21.30, and that the information I am submitting is complete and
accurate to the best of my knowledge and belief. I understand that any false
statement herein may subject me to cancellation of the application, suspension
or revocation of a license, and/or administrative, civil, or criminal
penalties. I understand that my facilities, equipment, or raptors are subject
to unannounced inspection pursuant to subsection
670(j), Title 14,
of the California Code of Regulations. I certify that I have read, understand,
and agree to abide by, all conditions of this license, the applicable
provisions of the Fish and Game Code, and the regulations promulgated thereto.
I certify that there are no pending or previous legal or administrative
proceedings that could disqualify me from obtaining this license." The
application shall be submitted with the applicant's original
signature.
(E) Experience. The
department shall consider an applicant's falconry experience acquired in
California, as well as another state or country when reviewing an application
for any class of license. The department shall determine which class of
falconry license is appropriate, consistent with the class requirements herein
and the documentation submitted with the application demonstrating prior
falconry experience.
(3)
Examination Requirement. An applicant not possessing a valid falconry license,
or required to apply for a new falconry license in California shall pass the
falconry examination to demonstrate proficiency in falconry and raptor-related
subject areas before being issued a license. An applicant shall correctly
answer at least 80 percent of the questions to pass the examination. An
applicant who fails to pass the examination may take another examination no
earlier than the next business day following the day of the failed examination.
An applicant shall submit the nonrefundable falconry examination fee specified
in Section
703 each time the applicant takes
an examination.
(A) An applicant who meets one
of the following criteria shall be exempt from taking the California falconry
examination:
1. An applicant who provides
documentation of successfully passing a federally approved examination in a
state that has had its falconry regulations certified as specified in 50 CFR 21
will not be required to take the examination in California if the applicant
took the examination less than five years prior to submitting an application
for a California falconry license.
2. The applicant is a nonresident or non-U.S.
citizen falconer who has a valid falconry license issued from another state or
country.
3. The applicant is a
member of a federally recognized tribe and has a valid falconry license issued
from that member's tribe.
(B) After successfully passing the falconry
examination, the raptor housing facility, if any, of a new applicant shall pass
an inspection and be certified by the department, pursuant to subsection (j),
before a license may be issued.
(4) Expired License. A license for the
practice of falconry expires and is not valid unless renewed annually with the
required application form and payment of fees as specified in Section
703.
(A) It shall be unlawful for any person to
practice falconry, including possession of falconry raptors, without a valid
license in their possession.
(B) If
a license has not been renewed for a period less than 5 years from the
expiration date on the license, the license may be renewed at the class held
previously if the applicant provides proof of licensure at that
class.
(C) If a license has not
been renewed for a period of more than 5 years from the expiration date on the
license, it shall not be renewed. The applicant shall apply for a new falconry
license and successfully complete the examination as set forth in subsection
(e)(3). Upon passing the examination and the payment of the annual license
application fee, a license may be issued at the class previously held if the
applicant provides proof of prior licensure at that class.
(5) Nonresidents of California and Non-US
Citizens.
(A) A person who is a member of a
federally recognized tribe and has a valid falconry license from that member's
tribe shall be considered a nonresident licensed falconer for purposes of
subsection (e)(5).
(B) A
nonresident licensed falconer or non-U.S. citizen licensed falconer may
temporarily practice falconry in California for up to 120 calendar days without
being required to obtain a California falconry license.
1. A nonresident licensed falconer or
non-U.S. citizen licensed falconer may practice falconry with raptors from a
licensed California falconer, provided that signed and dated written
authorization is given to the nonresident or non-U.S. citizen by the licensee.
The original written authorization must be carried with the licensee while in
possession of the raptor.
2. A
nonresident licensed falconer or non-U.S. citizen licensed falconer shall
provide and thereafter maintain facilities and equipment for raptors in the
licensee's possession while temporarily practicing falconry in California.
Temporary facilities shall meet the standards in these regulations, including,
but not limited to, provisions described in subsection (j), and pursuant to 50
CFR 21.
3. A nonresident licensed
falconer or non-U.S. citizen licensed falconer may house raptors in the
licensee's possession at another licensed falconer's facilities while
temporarily practicing falconry in California.
(C) A nonresident licensed falconer or
non-U.S. citizen licensed falconer applying for a falconry license in
California shall submit proof of a valid falconry license held from the
licensee's tribe, state or country, along with the completed New Falconry
License Application and fee, and pass a facility inspection pursuant to
subsection (j).
(D) A nonresident
or non-US citizen applicant applying for a falconry license in California but
not possessing a valid original falconry license from the applicant's tribe,
state, or country of origin shall submit the completed New Falconry License
Application and fee, and pass both the examination and a facility inspection
pursuant to subsection (e)(3) herein.
(6) Falconry Classes. There are three classes
of licensed falconers in California: Apprentice falconer, General falconer, and
Master falconer. The department at its sole discretion may issue a falconry
license in one of these classes to an applicant who meets the requirements and
qualifications for the class as described in these regulations.
(A) Apprentice Falconer.
1. Age. An applicant for an Apprentice
falconer license shall be at least 12 years of age at the date of application.
If an applicant is less than 18 years of age, a parent or legal guardian shall
co-sign the application and shall be legally responsible for activities of the
Apprentice falconer.
2.
Sponsorship. A sponsor is required for at least the first two years in which an
Apprentice falconry license is held, regardless of the age of the Apprentice
falconer. A sponsor shall be a Master falconer or a General falconer who has at
least two years of experience at the General Falconer class. A sponsor shall
certify in writing to the department that the sponsor will assist the
Apprentice falconer, as necessary, in learning the husbandry and training of
raptors held for falconry; learning the relevant wildlife laws and regulations;
and determining what species of raptor is appropriate for the Apprentice
falconer to possess; and will notify the department's License and Revenue
Branch immediately if sponsorship terminates.
3. Termination of Sponsorship. If sponsorship
is terminated, an Apprentice falconer and the Apprentice's sponsor shall
immediately notify the department's License and Revenue Branch in writing. The
license shall be valid only if the Apprentice falconer acquires a new sponsor
within 30 calendar days from the date sponsorship is terminated, and provides
written notification, along with the new sponsor's certification, to the
department once a new sponsor is secured. Failure to comply with sponsorship
requirements shall result in loss of qualifying time from the date sponsorship
was terminated to the date of securing a new sponsor, and no subsequent license
shall be issued until the required two years of sponsorship have been
fulfilled.
4. Possession of
Raptors. An Apprentice falconer may possess for falconry purposes no more than
one wild or captive-bred red-tailed hawk (Buteo jamaicensis)
or American kestrel (Falco sparverius) at any one time,
regardless of the number of state, tribal, or territorial falconry licenses in
possession and only as long as the raptor in possession is trained in the
pursuit of game and used in hunting. An Apprentice falconer may only capture
from the wild or possess a passage red-tailed hawk or an American kestrel. The
Apprentice may take raptors less than 1 year old, except nestlings. Apprentice
falconers are not required to capture a wild raptor themselves; the raptor can
be transferred to the Apprentice by another licensee. An Apprentice falconer
may not capture from the wild or possess an eyas raptor or a raptor that is
imprinted on humans. An Apprentice falconer must maintain written proof of
legal acquisition.
5. Inspection of
Facilities. After successfully passing the falconry examination, the facility
of an Apprentice applicant shall pass an inspection and be certified by the
department, pursuant to subsection (j), before a license may be
issued.
6. Advancement From
Apprentice Class. An Apprentice falconer shall submit a completed Apprentice
Falconer's Annual Progress Report, as specified in Section
703, to the address listed on the
report. The report shall demonstrate that the Apprentice falconer has practiced
falconry with a raptor at the Apprentice class for at least two years,
including maintaining, training, flying, and hunting with the raptor for at
least four months in each license year, and a summary of the species the
Apprentice possessed, how long each was possessed, how often each was flown,
and methods of capture and release. Within the report, the sponsor shall
certify in writing to the department that the Apprentice falconer has met the
requirements of these regulations. No falconry school program or education
shall be substituted for the minimum period of two years of experience as an
Apprentice falconer.
(B)
General Falconer.
1. Age. General falconers
shall be at least 16 years of age. If an applicant is less than 18 years of
age, a parent or legal guardian shall co-sign the application and shall be
legally responsible for activities of the General falconer.
2. Possession of Raptors. A General falconer
may possess for falconry purposes any wild raptor species listed in subsection
(g)(6), any captive-bred or hybrid of any species of Order Falconiformes,
Accipitriformes, or Strigiformes, or any legally acquired raptor from another
state or country. A General falconer must maintain written proof of legal
acquisition. A General falconer shall possess no more than three raptors for
use in falconry at any one time, regardless of the number of state, tribal, or
territorial falconry licenses in possession; and only two of these raptors may
be wild-caught. Only eyas or passage raptors may be wild-caught; except
American kestrel (Falco sparverius) or great horned owl
(Bubo virginianus) may be captured at any age.
3. Advancement From General Class. A General
falconer shall have practiced falconry with a raptor, including maintaining,
training, flying, and hunting with the raptor, at the General class for at
least five years before advancing to Master falconer. No falconry school
program or education shall be substituted for the minimum period of five years
of experience as a General falconer.
(C) Master Falconer.
1. Possession of Raptors. A Master falconer
may possess for falconry purposes any wild raptor species listed in subsection
(g)(6), any captive-bred or hybrid of any species of Order Falconiformes,
Accipitriformes, or Strigiformes, or any legally acquired raptor from another
state or country. A Master falconer must maintain written proof of legal
acquisition. A Master falconer may possess any number of raptors except the
licensee shall possess no more than five wild-caught raptors for use in
falconry at any one time, regardless of the number of state, tribal, or
territorial falconry licenses in possession. Only eyas or passage raptors may
be wild-caught; except American kestrel (Falco sparverius) or
great horned owl (Bubo virginianus) may be captured at any
age.
2. Possession of Eagles. A
Master falconer may possess up to three eagles with proof of legal acquisition
at any one time, except no bald eagle shall be possessed.
i. Eagles shall not be captured from the wild
in California.
ii. Eagles may only
be obtained from a permitted source.
iii. Eagles originating in California from a
licensed California rehabilitation facility may be temporarily transferred to a
Master Falconer for the purpose of rehabilitation in accordance with 50 CFR 21,
and with subsection (h)(3) herein.
iv. The department shall authorize in writing
which species of eagles a Master falconer may possess pursuant to 50 CFR 21.
The Master falconer shall submit a written request for this authorization and
include a resume of the licensee's experience in handling large raptors such as
eagles, and two letters of recommendation to the department's License and
Revenue Branch. The resume documenting experience shall include information
about the type of large raptor species handled, such as eagles or large hawks,
the type and duration of the activity in which experience was gained, and
contact information for references who can verify the experience. The two
letters of recommendation shall be from persons with experience handling and/or
flying large raptors. Each letter shall be dated, signed in ink with an
original signature and shall describe the author's experience with large
raptors, including, but not limited to, handling of raptors held by zoos,
rehabilitating large raptors, or scientific studies involving large raptors.
Each letter shall also assess the licensee's ability to care for eagles and fly
them in falconry. The department may deny a request for a Master falconer to
possess an eagle if the applicant has less than the equivalent of two years of
experience handling large raptors or, at the department's discretion, the
department determines that based on a letter of recommendation the applicant is
not capable of caring for the eagle or flying it in
falconry.
(7) Fees. The base fee for a falconry license
is specified in Fish and Game Code Section
396.
Falconry-related fees are specified in Section
703 of these regulations for the
following:
(A) Application. An applicant shall
submit a nonrefundable falconry license application fee when applying for a new
license or renewing a license.
(B)
Examination. An applicant shall submit a nonrefundable falconry examination fee
each time the applicant takes an examination.
(C) Inspection. An applicant or licensee
shall submit a nonrefundable inspection fee prior to the department inspecting
the licensee's facilities, raptors, if present, and equipment. The inspection
fee provides for inspections of up to five enclosures.
1. If a facility has more than five
enclosures, an additional inspection fee is required for every additional
enclosure over five.
2. If the
applicant or licensee is sharing an existing raptor facility with another
licensed falconer, and possesses proof of a passed inspection, there is no
requirement for an additional inspection.
(D) Re-inspection. An applicant shall submit
an additional nonrefundable re-inspection fee when his or her facility has
failed to pass a previous inspection.
(E) Administrative Processing. An applicant
shall submit a nonrefundable administrative processing fee for each Resident
Falconer Raptor Capture, Recapture and Release Report submitted to the
department's License and Revenue Branch when not using the department's online
reporting system.
(8)
Denial. The department may deny the issuance of a new license or a renewal of
an existing or expired license if:
(A) The
applicant or licensee has failed to comply with regulations adopted pursuant to
the Fish and Game Code related to raptors, Fish and Game Code Section
1054,
or Penal Code Section
597;
or
(B) The applicant or licensee
has failed to comply with any provision of any statute, regulation, rule or
ordinance existing in any other state or in any city, county, or other local
governing entity in any other state, that is related to the care and licensing
of raptors, so long as the failure to comply would constitute a violation of
the Fish and Game Code, regulations related to raptors in Title 14, or Penal
Code Section
597;
(C) The applicant or licensee has failed to
comply with any provision of any federal statute, regulation, or rule that is
related to the care and licensing of raptors, including, but not limited to, 50
CFR 21.
(D) The department shall
deny the issuance of a license or renewal of an existing license if the
applicant or licensee fails to submit all required items or perform any task
necessary to obtain a license. Before denying an application for this reason,
the department shall notify the applicant in writing that the application is
deficient. The applicant may supplement an application by providing the missing
required information or materials. If sent by U.S. mail or other carrier, these
materials shall be postmarked no later than 30 calendar days after the date of
the proof of service accompanying the department's notification. If the 30
calendar day deadline falls on a weekend or holiday the submission of
additional information or materials will be accepted until the close of
business on the first state business day following the deadline to submit
additional information or materials. The department may extend this deadline
for good cause. If denied, the applicant or licensee may submit a new
application at any time.
(9) Suspension and Revocation. Any license
issued pursuant to these regulations may be suspended or revoked at any time by
the department for failure to comply with the Fish and Game Code or regulations
adopted pursuant to the Fish and Game Code related to raptors, Fish and Game
Code Section
1054,
or Penal Code Section
597. If the
licensee has been convicted in a court of competent jurisdiction of violating
one of these provisions, the suspension or revocation shall take effect
immediately if the violation pertains to conduct that threatens native
wildlife, agricultural interests of this state, the welfare of the birds, or
the safety of the public, or if the licensee has been previously convicted of
violating the provisions described above or has had his or her license
previously suspended or revoked. If the licensee has not been convicted, the
suspension or revocation shall take effect when the time to request an appeal
as described herein has expired. A timely request for an appeal will stay the
department's suspension or revocation if the licensee was not convicted as
described above.
(10) Proof of
Service. All notices sent from the department to a falconry applicant or
licensee as described herein shall include a proof of service that consists of
a declaration of mailing, under penalty of perjury, indicating the date of
mailing the department's notification, denial, or other
correspondence.
(11) Appeal. Any
applicant or licensee who is denied a license, an amendment to an existing
license or has a license suspended or revoked by the department pursuant to
these regulations may appeal that denial, amendment, suspension, or revocation
by filing a written request for an appeal with the commission. If sent by U.S.
mail or other carrier, a request for an appeal shall be postmarked no later
than 30 calendar days after the date of the proof of service accompanying the
department's notice of denial, suspension, or revocation. If submitted
electronically or by facsimile, it shall be received no later than 30 calendar
days after the date of the proof of service. The commission shall not accept a
request for an appeal that is submitted after the 30 calendar day deadline to
request an appeal. If the 30 calendar day deadline falls on a weekend or
holiday the request for appeal will be accepted until the close of business on
the first state business day following the 30 calendar day deadline to submit a
request for appeal.
(12) Record
Keeping. A licensee shall retain copies of all falconry-related records (hard
copy or electronic) including, but not limited to, the applicant's falconry
license, raptor transfer records, capture and release and disposition records,
import or export documentation, sponsorship information, annual reports
submitted to the department, and all health records of raptors possessed
pursuant to the falconry license (Falconry Records) for at least five
years.
(13) Name or Address Change.
The licensee shall notify the department's License and Revenue Branch, in
writing, of any change of name or mailing address within 30 calendar days of
the change. Facility address changes must be reported within five business days
of the change.
(f)
Reporting Requirements.
(1) Licensees are
required to report all raptor acquisition and disposition information using the
Resident Falconer Raptor Capture, Recapture and Release Report within 10
calendar days to the department's online reporting system.
(A) For raptors acquired from the wild or
released back to the wild, submission shall include information about the
county of capture/release, date of capture/release, a description of the
capture/release site, a description of the capture method, species information,
and Latitude/Longitude coordinates of capture/release site.
(B) If a licensee is unable to use the
department's online reporting system, the licensee may submit relevant forms by
mail, fax, or email to the department's License and Revenue Branch, or the
licensee may report over the telephone to the License and Revenue Branch. The
information will be entered into the department's online reporting system by
department staff, and the department shall charge a nonrefundable
administrative processing fee, as specified in Section
703, for each form
entered.
(2) Upon
applying for license renewal or within 10 calendar days after expiration of the
license, whichever comes first, a licensee shall submit to the department an
annual report using the Falconry Hunting Take Report, as specified in Section
703, summarizing the number and
type of prey species taken while hunting, counties hunted, and birds used in
hunting during the most recent license year, as well as any inadvertent take of
non-target wildlife.
(3) Upon
applying for license renewal or within 10 calendar days after expiration of the
license, whichever comes first, an Apprentice falconer shall submit to the
department's License and Revenue Branch an annual report using the Apprentice
Falconer's Annual Progress Report, as specified in Section
703. The report shall be signed
and dated by both the Apprentice falconer and sponsor. The report will be used
by the department to determine qualifying experience for future
licenses.
(g) Capturing
Raptors From the Wild.
(1) A resident
licensed falconer may not capture more than two raptors from the wild during
the license year and only as authorized for each falconry class
license.
(2) A nonresident licensed
falconer may request to capture within California one wild raptor of the
species specified in subsection (g)(8), excluding species with capture quotas,
and shall submit to the department's License and Revenue Branch a complete
Nonresident Falconer Application for Raptor Capture Permit, as specified in
Section 703. The permit issued shall be
valid beginning on July 1 and ending on June 30 of the following year, or if
issued after the beginning of the permit year, for the remainder of that permit
year. Whether successful or unsuccessful in capturing a raptor, the nonresident
licensed falconer shall submit a complete Nonresident Falconer Raptor Capture
Permit and Report, as specified in Section
703. Nonresidents shall only
capture raptors from the wild in accordance with the conditions of the permit.
Nonresidents that request to capture species with capture quotas must submit an
application for the random drawing, as specified in subsection
(g)(9).
(3) Non-U.S. citizens are
not eligible to capture any California wild raptor.
(4) Raptors may be captured by trap or net
methods that do not injure them. The licensee shall identify all set traps with
the name and address of the licensee and shall check such traps at least once
every 12 hours, except that all snare type traps shall be attended at all times
when they are deployed.
(5) A
licensee shall be present during the capture of a raptor from the wild; however
another General or Master licensed falconer may capture the raptor for the
licensee. A licensee's presence during capture includes attendance of snare
traps, or attendance while checking non-snare traps at least once every 12
hours. If a licensee has a long-term or permanent physical impairment that
prevents the licensee from attending the capture of a raptor for use in
falconry, then another licensee may capture a bird for the licensee without the
licensee being present. The licensee is responsible for reporting the capture.
The raptor will count as one of the two raptors the licensee is allowed to
capture in that license year.
(6)
The following raptor species may be captured from the wild in California:
Northern goshawk (Accipiter gentilis), Cooper's hawk
(Accipiter cooperii), sharp-shinned hawk (Accipiter
striatus), red-tailed hawk (Buteo jamaicensis),
red-shouldered hawk (Buteo lineatus), merlin (Falco
columbarius), American kestrel (Falco sparverius),
prairie falcon (Falco mexicanus), barred owl (Strix
varia), and great horned owl (Bubo
virginianus).
(7) No more
than two nestlings of the species allowed for capture from the wild may be
captured by the same General or Master licensee during the license year. In no
case may all nestlings be captured and removed from any nest. At least one
nestling shall be left in a nest at all times.
(8) The following restrictions apply to the
total, cumulative capture of wild raptors among all licensees. These
restrictions are in addition to the limitation of two wild raptors per licensee
during the license year.
(A) Northern Goshawk.
No more than one northern goshawk may be captured within
the Lake Tahoe Basin during the license year. There are no restrictions on the
cumulative number or location of Northern goshawk captured in the balance of
the state during the license year.
1.
The Lake Tahoe Basin area is defined as those portions of Placer, El Dorado,
and Alpine counties within a line: beginning at the north end of Lake Tahoe, at
the California-Nevada state line approximately four miles north of Stateline
Point in the near vicinity of Mt. Baldy; westerly along the Tahoe Divide
between the Lake Tahoe and Truckee River drainages to the intersection of the
north line of Section 36, T17N, R17E, MDM; west along said north section line
to the section corner common to section 25, 26, 35, and 36, T17N, R17E, MDM;
south approximately one mile along the common section line; southwesterly to
the intersection of the Tahoe Divide and Highway 267 in the near vicinity of
Brockway Summit; southwesterly in the near vicinity of the Tahoe Divide to Mt.
Pluto; south to Mt. Watson; westerly approximately two miles to Painted Rock;
southerly approximately two miles along the Tahoe Divide to the intersection of
Highway 89; southwesterly along the Tahoe Divide to Ward Peak; southerly
approximately 30 miles along the Tahoe Divide to a point on the Echo Lakes
Road; southeasterly along said road to Old Highway 50; southeasterly along Old
Highway 50 to the intersection of the Echo Summit Tract Road; southerly along
said road to Highway 50; easterly along Highway 50 to the intersection of the
South Echo Summit Tract Road; southerly along said road to the Tahoe Divide;
southerly along the Tahoe Divide past the Alpine county line to Red Lake Peak;
northerly along the Tahoe Divide past Monument Peak to the California-Nevada
state line; north on the state line to the point of beginning. NOTE: the area
described above includes the entire basin of Lake Tahoe within
California.
(B) Cooper's
Hawk. No restrictions on cumulative number or location of Cooper's hawks
captured statewide during the license year.
(C) Sharp-shinned Hawk. No restrictions on
cumulative number or location of sharp-shinned hawks captured statewide during
the license year.
(D) Red-tailed
Hawk. No restrictions on cumulative number or location of red-tailed hawks
captured statewide during the license year.
(E) Red-shouldered Hawk. No restrictions on
cumulative number or location of red-shouldered hawks captured statewide during
the license year.
(F) Merlin. No
restrictions on cumulative number or location of merlins captured statewide
during the license year. Merlins may be captured only from August 15 through
February 28 every year.
(G)
American Kestrel. No restrictions on cumulative number or location of American
kestrels captured statewide during the license year.
(H) Prairie Falcon. No more than 14 prairie
falcons may be captured per license year.
(I) Barred Owl. No restrictions on cumulative
number or location of barred owls captured statewide during the license
year.
(J) Great Horned Owl. No
restrictions on cumulative number or location of great horned owls captured
statewide during the license year.
(9) Special Raptor Capture Permit Drawing. A
random drawing shall be held by the department to distribute Special Raptor
Capture Permits to capture species with quotas, which include one Northern
goshawk in the Tahoe Basin and prairie falcons from the wild, as specified in
subsection (g)(8). An applicant may be a resident and/or nonresident and must
possess a valid General or Master falconry license at the time of application
to enter the drawing. Non-U.S. citizens are not eligible to enter the drawing.
(A) A resident applicant shall not submit
more than two drawing applications each license year.
(B) A nonresident applicant shall not submit
more than one drawing application each license year.
(C) Licensees may apply through the
department's Automated License Data System at license agents, department
license sales offices, or on the department's website, using a Special Raptor
Capture Drawing Application. Each application submitted must specify the
species the applicant is applying for to capture from the wild. The applicant
shall submit a nonrefundable Special Raptor Capture Drawing Application fee, as
specified in Section
703 for each drawing application
submitted.
(D) Applications must be
received by 11:59pm, Pacific Standard Time, on May 15 each year.
(E) Permits are awarded according to an
applicant's choice and computer-generated random number (lowest to highest)
drawing. Successful applicants and a list of alternates for each species and/or
area shall be determined by random drawing within 10 business days following
the application deadline date. If the drawing is delayed due to circumstances
beyond the department's control, the department shall conduct the drawing at
the earliest date possible.
(F)
Successful and alternate applicants will be notified. Unsuccessful applicants
shall not be notified. The successful applicant shall submit the Special Raptor
Capture Permit fee, as specified in Section
703, to the department's License
and Revenue Branch by 5:00 p.m. on June 30 each year to claim the permit. If
the deadline to submit the fee falls on a weekend or holiday, payment will be
accepted until 5:00 p.m. on the first state business day following the deadline
to submit payment. Unclaimed permits shall be awarded to alternates for that
species and/or area on an individual basis, in the order drawn.
(G) A Special Raptor Capture Permit shall
only be issued to a successful applicant who holds a General or Master falconry
license that is valid for the same license year that the permit is valid. Only
the permit holder is entitled to capture a raptor, and the permit shall be in
immediate possession of the permit holder during the capture. Permits are not
transferable and are valid only for the species, area and period as specified
on the permit.
(H) A permit holder
who successfully captures a Northern goshawk or prairie falcon shall
immediately complete the capture portion of the permit and shall return the
permit to the department's License and Revenue Branch or enter it on the
department's online reporting system within 10 calendar days of the capture.
The submission shall include information about the county of capture, date of
capture, a description of the capture site, a description of the capture
method, species information, and Latitude/Longitude coordinates of capture
site.
(I) A permit holder who is
unsuccessful in capturing a Northern goshawk or prairie falcon shall indicate
"unsuccessful" on the report card portion of the permit and shall return the
permit to the department's License and Revenue Branch within 10 calendar days
of the expiration of the permit.
(J) The permit holder shall surrender the
permit to an employee of the department for any act by the permit holder that
violates any raptor related provision of the Fish and Game Code, or any
regulation of the commission adopted pursuant thereto, and any act on the part
of the permit holder that endangers the person or property of others. The
decision of the department shall be final.
(10) Banded or Marked Raptors. If a licensee
captures a raptor that has a band, research marker, or transmitter attached to
it, the licensee shall promptly report the band number and all other relevant
information to the Federal Bird Banding Laboratory at 1-800-327-2263.
(A) If the raptor has a transmitter attached
to it, the licensee may possess the raptor for up to 30 calendar days, during
which time the licensee shall make a reasonable attempt to contact the owner of
the transmitter. If the owner wants to replace the transmitter or its
batteries, or have the transmitter removed and the bird released, the owner or
the owner's designee may make such change or allow the licensee to do so before
the raptor is released. Temporary possession of the raptor will not count
against the licensee's possession limit for falconry raptors. If the owner
cannot be contacted or does not want the transmitter to remain on the raptor,
the licensee may keep the raptor if it was lawfully captured.
(B) If the raptor belongs to a falconer,
subsection (h)(12) shall apply.
(11) Injury Due to Trapping. If a raptor is
injured due to trapping, the raptor may be put on the licensee's falconry
license and it will count as part of the possession limit. If the licensee adds
the raptor on the falconry license, the licensee shall report the capture to
the department's online reporting system within 10 calendar days after capture,
and shall have the raptor immediately treated by a veterinarian or a permitted
California wildlife rehabilitator. Alternately, the injured raptor may be
immediately given directly to a veterinarian or a permitted California wildlife
rehabilitator. In either case, the licensee is responsible for the costs of
care and rehabilitation of the raptor.
(12) Unintentional Capture. A licensee shall
immediately release any bird unintentionally captured that the licensee is not
authorized to possess.
(13) Public
and Private Lands. A licensee is not authorized to capture raptors or practice
falconry on public lands where it is prohibited, on private property without
written permission from the landowner or tenant, or on tribal government lands
without written permission. The licensee shall carry the original signed
written permission while practicing falconry.
(h) Possession, Transfer, and Disposition of
Raptors.
(1) Permanent Transfer of Raptor. A
licensee may acquire a raptor through a transfer and shall report the transfer
by entering the required information on the department's online reporting
system within 10 calendar days of the transfer. The number of raptors acquired
through a transfer is not restricted, as long as the licensee abides by the
requirements of the licensee's class, and does not exceed the licensee's
possession limit.
(A) If a licensee transfers
a raptor removed from the wild to another licensee in the same year in which it
is captured, the raptor will count as one of the raptors the licensee is
allowed to capture from the wild that year. It will not count as a capture by
the recipient.
(B) A surviving
spouse, executor, administrator, or other legal representative of a deceased
licensee may transfer any bird held by the licensee to another authorized
licensee within 90 calendar days of the death of the licensee. After 90
calendar days, disposition of a raptor held under the license shall be at the
discretion of the department.
(2) Temporary Transfer or Care of Raptor. Any
licensee who temporarily transfers possession of the licensee's raptor to
another licensee, or allows an unlicensed person to temporarily care for a
raptor, shall provide written notification of such transfer to the department's
License and Revenue Branch within 10 calendar days after the bird is
transferred. The notification shall include contact information including name,
address, phone number, and email address of the temporary caregiver.
(A) Temporary possession of a raptor by a
licensee shall not exceed 120 calendar days. Temporary possession may exceed
120 calendar days only if a request is made to the department's License and
Revenue Branch and written authorization is given. Temporary care of a raptor
by an unlicensed person shall not exceed 45 calendar days. A raptor cared for
by an unlicensed person shall remain housed at the licensee's facility. The
unlicensed person is not authorized to fly the raptor. A licensed falconer in
temporary possession of a raptor may fly the raptor if the falconer possesses
the appropriate class license.
(3) Assisting In Raptor Rehabilitation. A
General or Master falconer may assist a permitted California wildlife
rehabilitator to condition a raptor for its release back into the wild. A
rehabilitation raptor in the care of the licensee for this purpose shall not be
added to the licensee's falconry license, but shall remain under the permit of
the rehabilitator.
(A) The rehabilitator
shall provide the licensee with a letter of temporary transfer that identifies
the raptor and explains that the falconer is assisting in its rehabilitation.
The terms of the temporary transfer are at the discretion of the rehabilitator
to assure the necessary care of the raptor. The licensee shall have in
possession the letter or legible copies while assisting in the rehabilitation
of the raptor.
(B) The licensee
shall return any such raptor that cannot be released to the wild to the
rehabilitator within 180 calendar days unless otherwise authorized by the
department's License and Revenue Branch. The department's Wildlife Branch will
make the possession determination.
(4) Importation of Raptors by Nonresidents or
Non-U.S. Citizens. A nonresident or non-U.S. citizen may temporarily import
lawfully possessed raptors into California for up to 120 calendar days. The
department's License and Revenue Branch shall be notified within 10 calendar
days prior to importing the raptor. A nonresident or non-U.S. citizen shall
submit to the department's License and Revenue Branch official written
authority to export raptors from the originating state or country, along with a
health certificate for the raptor, prior to importing a raptor. A non-U.S.
citizen may import a falconry raptor that the licensee possesses legally,
provided that importation of that species into the United States is not
prohibited, and the licensee has met all permitting requirements of the
licensee's country of residence. Import of raptors, including exotic raptors,
may be subject to other state and federal laws and may require additional
federal permits.
(5) Release of
Raptors. A licensee may release a native, wild caught raptor to the wild in
California only to a location near the site that raptor was originally
captured, and in appropriate habitat for that species of raptor. If the
licensee cannot access the site of original capture, then licensee shall
release it in appropriate habitat for that species of raptor.
(A) Prior to release, the licensee shall
ensure the immediate area around the release site is free from other
raptors.
(B) The licensee shall
remove any falconry band on the raptor being released; however seamless metal
bands shall remain attached.
(C) A
licensee may not intentionally and permanently release a non-native raptor,
hybrid, or native captive-bred raptor to the wild in California.
(D) A licensee shall not release any barred
owl to the wild in California. A licensee shall contact the department's
License and Revenue Branch to determine disposition of a barred owl in
possession. The department's Wildlife Branch will determine
disposition.
(6) Hacking.
A wild raptor may be hacked for conditioning or as a method for release back
into the wild. Any hybrid, captive-bred, or exotic raptor a licensee has in
possession may be hacked for conditioning, and shall have two attached
functioning radio transmitters during hacking except native captive bred
raptors shall have a minimum of one functioning transmitter. A licensee may not
hack any raptor near a known nesting area of a state or federally threatened or
endangered, or fully protected animal species or in any other location where a
raptor may take or harm a state or federally listed threatened or endangered,
or fully protected animal species. Only a General or Master falconer may hack
falconry raptors.
(7) Death, Escape
or Theft. A licensee whose raptor dies, escapes, or is stolen shall report the
loss of the raptor by entering the required information on the department's
online reporting system within 10 calendar days of the loss. A licensee may
attempt to recover a raptor lost to the wild for up to 30 calendar days before
reporting the loss. The licensee shall also report a theft of a raptor to an
appropriate local law enforcement agency within 10 calendar days of the
loss.
(8) Disposition of Raptor
Carcass. If a raptor dies and was banded or had an implanted microchip, the
band or microchip shall be left in place. If a licensee keeps the carcass or
parts thereof, the licensee shall retain all records of the raptor. A licensee
must send the entire body of a golden eagle carcass held for falconry,
including all feathers, talons, and other parts, to the National Eagle
Repository. Within 10 calendar days the carcass of any other raptor species
shall be either:
(A) Delivered to the
department if the licensee obtains authorization from the department's License
and Revenue Branch prior to delivery. The department's Wildlife Branch will
make the determination where the carcass will go. A carcass may only be
delivered to the department if the carcass is frozen; or
(B) Donated to any person authorized to
possess the raptor or parts thereof; or
(C) Kept by the licensee for use in imping;
or
(D) Burned, buried, or otherwise
destroyed; or
(E) Delivered to a
taxidermist for mounting and possession by the licensed falconer only.
1. Within 30 days of the expiration of a
license, the licensee shall return the mounted raptor to the
department.
2. Within 30 days of
the death of the licensee, the estate shall return the mounted raptor to the
department.
3. In either event, the
licensee or the estate shall contact the department's License and Revenue
Branch. The department's Wildlife Branch will determine the disposition of the
mounted raptor.
(9) Recapture. A licensee may recapture a
raptor wearing falconry equipment or a captive-bred or exotic raptor at any
time, whether or not the licensee is authorized to possess the species. A
recaptured raptor will not count against the possession limit of the licensee,
nor will its capture from the wild count against the licensee's limit on number
of raptors captured from the wild. The licensee shall report recaptured raptors
by submitting a complete Resident Falconer Raptor Capture, Recapture and
Release Report to the department's online reporting system within five calendar
days.
(A) A recaptured falconry raptor shall
be returned to the person who lawfully possessed it. If that person cannot
possess the raptor or does not wish to possess it, the licensee who recaptured
the raptor may keep it if that species is allowed under the licensee's existing
license. If kept, the raptor will count towards the licensee's possession
limit.
1. A licensee who retains a recaptured
raptor shall report the acquisition to the department's online reporting system
within five calendar days.
2. If
neither party wishes to keep the raptor, disposition of the raptor will be at
the discretion of the department. The licensee in possession shall contact the
department's License and Revenue Branch. The department's Wildlife Branch will
determine the disposition of the recaptured
raptor.
(10)
Use of Feathers. A licensee may possess feathers of each species of raptor
authorized to be possessed for as long as the licensee has a valid falconry
license. For eagle feathers, a licensee must follow federal standards as noted
in 50 CFR 21. A licensee may receive raptor feathers from another person in the
United States as long as that person is authorized to possess the feathers.
Feathers from a falconry raptor may be donated to any person with a valid
permit to possess them, or to anyone exempt from a permit requirement for
feather possession. Any feathers of falconry raptors possessed by a falconer
whose license has expired or been suspended or revoked shall be donated to any
person exempt from the permit requirement or authorized by permit to acquire
and possess the feathers within 30 calendar days of the license expiration,
suspension or revocation. If the feathers are not donated, they shall be
burned, buried, or otherwise destroyed.
(11) Purchase, Buy, Sell, Trade, or Barter.
No person shall purchase, buy, sell, trade or barter wild raptors or any parts
thereof including, but not limited to, feathers. A licensee may purchase, buy,
sell, trade or barter captive-bred, hybrid or exotic raptors marked with
seamless metal bands to other persons or entities who are authorized to possess
them.
(12) Use of Hybrid,
Non-native, and Exotic Raptors. When flown free, hybrid, non-native, or exotic
raptors shall have attached at least two functioning radio transmitters to
allow the raptor to be located.
(13) Other Uses of Falconry Raptors. A
licensee may use falconry raptors for education, exhibiting, propagation, or
abatement. A licensee may transfer a wild-caught raptor to a raptor propagation
permit, but the raptor shall have been used in falconry for at least two years,
or at least one year for a sharp-shinned hawk, merlin, Cooper's hawk or
American kestrel. A wild caught raptor may be transferred to another permit
type other than falconry only if it has been injured and can no longer be used
in falconry. In this case, the licensee shall provide a copy of a certification
from a veterinarian to the department's License and Revenue Branch stating that
the raptor is not useable in falconry.
(A)
Education and Exhibiting. A licensee may use raptors in his or her possession
for training purposes, education, field meets, and media (filming, photography,
advertisements, etc.), as noted in 50 CFR 21, if the licensee possesses the
appropriate valid federal permits, as long as the raptor is primarily used for
falconry and the activity is related to the practice of falconry or biology,
ecology or conservation of raptors and other migratory birds. Any fees charged,
compensation, or pay received during the use of falconry raptors for these
purposes may not exceed the amount required to recover costs. An Apprentice
falconer may use the licensee's falconry raptor for education purposes only
under the supervision of a General or Master falconer.
(B) Propagation. A licensee may conduct
propagation activities with raptors possessed under a falconry permit if the
licensee possesses a valid federal Raptor Propagation Permit and the person
overseeing propagation has any other necessary state and federal authorization
or permits. The raptor shall be transferred from a falconry license to a
federal Raptor Propagation Permit if it is used in captive propagation for
eight months or more in a license year. The transfer shall be reported by
submitting a complete Resident Falconer Raptor Capture, Recapture and Release
Report to the department's online reporting system. Transfer of a raptor from a
falconry license to a federal Raptor Propagation Permit is not required if the
raptor is used for propagation purposes fewer than eight months in a license
year.
(C) Abatement. A Master
falconer may conduct abatement activities with raptors possessed under a
falconry license and receive payment if the licensee possesses a valid federal
Special Purpose Abatement Permit. A General falconer may conduct abatement
activities only as a sub-permittee of the holder of a valid federal Special
Purpose Abatement Permit.
(i) Banding and Tagging.
(1) A goshawk captured from the wild or
acquired from another licensee shall be banded with a permanent, nonreusable,
numbered USFWS leg band if the raptor is not already banded. A peregrine,
gyrfalcon or Harris's hawk legally acquired from another state, or from another
licensee, shall be banded with a permanent, nonreusable, numbered USFWS leg
band if the raptor is not already banded.
(A)
A licensee shall obtain a permanent, nonreusable, numbered USFWS leg band from
the department's License and Revenue Branch. The License and Revenue Branch
shall report banding data to the USFWS.
(B) A licensee may purchase and implant an
ISO (International Organization for Standardization)-compliant (134.2 kHz)
microchip in addition to the band. The licensee shall report the band number or
the microchip information to the department's online reporting system when
reporting acquisition of the bird.
(2) Captive bred raptors that are listed
under the MBTA shall be banded with seamless metal bands.
(3) If a band is lost or must be removed from
a raptor in a licensee's possession, the licensee shall report the loss of the
band to the department's online reporting system within five (5) days, and the
licensee shall request a replacement permanent, nonreusable, numbered USFWS leg
band from the department's License and Revenue Branch.
(4) After receiving a replacement band from
the department's License and Revenue Branch, the licensee shall reband a raptor
if the original band is lost or removed. The License and Revenue Branch shall
report rebanding data to the USFWS.
(5) The alteration, counterfeiting or
defacing of a band is prohibited except that licensees may remove the rear tab
or may smooth any imperfect surface provided the integrity of the band and
numbering are not affected.
(6) The
department may approve an exemption from the banding requirement if a licensee
provides documentation that health or injury problems to a raptor are caused by
a band. If an exemption is approved, the licensee shall keep the written
exemption and shall carry a copy when transporting or flying the raptor. If a
wild Northern goshawk is exempted from the banding requirement, an
ISO-compliant microchip supplied by the USFWS shall be used
instead.
(j) Facilities,
Equipment, and Inspections.
(1) Housing
Standards and Specifications. Raptor housing facilities shall meet the
standards in 50 CFR 21 at all times. Raptor housing facilities shall be
inspected and certified by the department prior to issuance of a falconry
license. Thereafter, a licensee shall maintain approved permanent facilities
for housing raptors.
(A) Raptor housing
facilities shall protect raptors housed in them from predators, the
environment, domestic animals, and escape, and shall provide a healthy, clean,
and safe environment.
(B) Indoor
("mews") or outdoor ("weathering area") raptor facilities may be used to house
raptors.
(C) Falconry raptors may
be kept outside in the open at any location when in the presence of a licensed
falconer and may be temporarily under watch by a person 12 years or older
designated by the licensee.
(D)
Permanent falconry facilities may be either on property owned by a licensee, on
property owned by another person where a licensee resides, or elsewhere with
property owner approval.
(E) A
licensee shall report to the department's License and Revenue Branch, in
writing within five calendar days if the licensee moves the licensee's
permanent falconry facilities to another location. The department will conduct
a facility inspection, as specified in Section
703, and the licensee shall pay
the inspection fees.
(2)
Equipment. A licensee shall have jesses or other materials and equipment to
make them, leash, swivel, bath container, and appropriate scales or balances
for weighing raptors the licensee possess.
(3) Inspections. Inspections of indoor or
outdoor facilities, equipment, and raptors shall be conducted by the
department. Inspections are required for a new license applicant, applicants
renewing a license which has been expired more than 5 years, and licensees that
move facility housing to a new address. Applicants and licensees shall initiate
the inspection by submitting a complete Raptor Facilities and Falconry
Equipment Inspection Report and fees, as specified in Section
703. Equipment and facilities that
meet the federal standards shall be certified by the department using the
Raptor Facilities and Falconry Equipment Inspection Report. Equipment and
facilities that do not meet the minimum standards and specifications shall not
be certified by the department.
(A) The
department may conduct unannounced visits to inspect facilities, equipment, or
raptors possessed by the licensee, and may enter the facilities of any licensee
when the licensee is present during a reasonable time of the day and on any day
of the week. The department may also inspect, audit, or copy any permit,
license, book, or other record required to be kept by the licensee under these
regulations at any time. The department may deny the issuance of, or
immediately suspend, the license of a licensee who refuses to be available to
participate in a facility inspection or who refuses to allow inspection of a
facility, license, book, or other record required to be kept by the licensee. A
refusal to allow inspection may be inferred if, after reasonable attempts by
the department, the licensee is unavailable for inspection. The department may
reinstate a license suspended pursuant to this subsection if the licensee
allows the department to inspect the facility, license, book, or other record,
and no violations of these regulations or any license conditions are observed
during that inspection.
(B) If a
licensee's facilities are not on property owned by the licensee, the licensee
shall submit to the department's License and Revenue Branch a signed and dated
statement with original signature from the property owner indicating the
property owner agrees that the falconry facilities and raptors may be inspected
by the department without advance notice.
1. Amendment
of subsection (d) filed 8-6-82; effective thirtieth day thereafter (Register
82, No. 32). For prior history, see Register 81, No. 45.
2.
Editorial correction of subsection (b)(4)(C) filed 7-29-85; effective thirtieth
day thereafter (Register 85, No. 31).
3. Amendment of subsections
(a), (c), (d), (l) and (o) filed 1-31-86; effective upon filing pursuant to
Government Code section
11346.2(d)
(Register 86, No. 5).
4. Amendment of subsection (c) filed 8-12-87;
operative 9-11-87 (Register 87, No. 33).
5. Amendment of subsections
(e) and (l) filed 7-28-88; operative 8-27-88 (Register 88, No.
32).
6. Amendment of subsection (c) and NOTE filed 6-30-92;
operative 7-30-92 (Register 92, No. 27).
7. Amendment filed 7-7-93;
operative 7-7-93 (Register 93, No. 28).
8. Change without regulatory
effect amending subsections (c)(1)(A), (G), and (H), (c)(2)(A), (C), (D), and
(G), (c)(4)(A) and (C) and NOTE filed 9-8-93 pursuant to title 1, section
100, California Code of
Regulations (Register 93, No. 37).
9. Amendment of subsections
(c)(1)(I) and (c)(4)(B), (C), and (D) filed 4-21-94; operative 4-21-94
(Register 94, No. 16).
10. Change without regulatory effect amending
subsections (a), (c)(1)(A), (c)(1)(I), (c)(2)(G), (c)(4)(B) and (c)(4)(C) filed
4-4-96 pursuant to section
100, title 1, California Code of
Regulations (Register 96, No. 14).
11. Repealer and new section
filed 8-27-2013; operative 1-1-2014 pursuant to section 21.29(b)(11), title 50,
Code of Federal Regulations (Register 2013, No. 35).
12. Amendment
of section and NOTE filed 8-29-2017; operative 10-1-2017 (Register 2017, No.
35).
13. 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,
355,
356,
395,
396,
398,
710.5,
710.7,
713,
1050,
1054,
1530,
1583,
1802,
3007,
3031,
3039,
3503,
3503.5,
3511,
3513,
3800,
3801.6,
3950,
4150
and
10500,
Fish and Game Code. Reference: Sections
395,
396,
713,
1050,
3007,
3031,
3503,
3503.5,
3511,
3513
and
3801.6,
Fish and Game Code; Section
597, Penal
Code; and Title 50, Code of Federal Regulations, Parts 21.29 and
21.30.