Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Definitions.
For the purposes of sections
672,
672.1 and
672.2 of these regulations, the
following definitions apply:
(1)
"Control" is any activity intended to eradicate or prevent the movement of
adult or veliger dreissenid mussels from a waterbody by any means.
(2) "Control Plan" is a written document that
describes the actions to be implemented to control dreissenid
mussels.
(3) "Conveyance" is any
item that may contain or carry adult or veliger dreissenid mussels including,
but not limited to, vehicles, watercraft, containers, and trailers. Conveyance
does not include water supply systems, facilities and infrastructure.
(4) "Detected" means:
(A) There has been an observed presence of
one or more adult dreissenid mussels, or;
(B) There has been an observed presence of
one or more veliger dreissenid mussels that has been verified by the best
available laboratory methodologies.
(5) "Dreissenid mussel" is collectively all
species in the taxonomic family Dreissenidae, including quagga mussels
(Dreissena rostriformis bugensis) and zebra mussels
(Dreissena polymorpha).
(6) "Introduction" means the intentional or
unintentional placement of adult or veliger dreissenid mussels into a
reservoir.
(7) "Prevention Program"
is a written document that describes the actions to be implemented at a
reservoir to keep dreissenid mussels from being introduced and keep them from
being moved from the reservoir should they be present.
(8) "Quarantine" means to restrict the
movement and/or use of a conveyance.
(9) "Veliger" is the microscopic larva of
dreissenid mussels.
(10)
"Waterbody" is any water of the state that includes, but is not limited to
lakes, rivers, streams, canals, ponds, flooded areas, reservoirs, sloughs, and
springs.
(11) "Water Supply System"
is any natural or man-made means for distributing or holding water, operated by
a public or private agency.
(b) General Permit Provisions.
(1) Any person, scientific or educational
institution, federal, state, or local agency, private or public district or
authority may apply for a Dreissenid Mussel Permit, which, according to its
terms, may authorize that entity to possess, import, ship or transport dead
dreissenid mussels.
(2) Permits to
possess dead dreissenid mussels will be issued only for the purpose(s) of
outreach, education, species verification, training, or other purposes deemed
by the department to be in the best interest of the State.
(3) This permit does not authorize the
collection of live or dead dreissenid mussels.
(4) A permit issued pursuant to this section
does not supersede any federal, state, or local law regulating or prohibiting
possession or transportation of dreissenid mussels.
(5) The department may enter any holding
facility, vehicle, vessel, or other place where dreissenid mussels are
permitted to be kept or may be kept to inspect mussels, facilities or
equipment.
(c) Permit
Application.
An applicant for a new permit, renewal of an existing
permit, or amendment to an existing permit, must submit a completed application
on Dreissenid Mussel Permit Application, DFW 1014 (NEW 04/10/15), incorporated
by reference herein. Application forms are available on the department's
website.
(1) Review and Approval.
After receiving a complete application, the department shall review the
application within 30 business days. If approved, the department shall notify
the applicant via an approval letter and signed permit. The permit shall be
presented upon request by any individual in possession of dreissenid mussels,
to any department employee or person with delegated authority under Fish and
Game Code section
2301.
(2) Denial. The department may deny the
issuance, renewal or amendment of a permit if any of the following occurs:
(A) The department determines that the
application or other documents submitted do not support the applicant's stated
purpose or use for the dreissenid mussels.
(B) The department determines that the
possession, importation, shipment or transportation of dead dreissenid mussels
as proposed is not in the best interest of the State.
(C) The permittee has failed to comply with
terms and conditions of a permit or any provision of the Fish and Game Code or
regulations adopted pursuant thereto.
(d) Revocation. The department may revoke at
any time any permit issued pursuant to these regulations for failure to comply
with the terms and conditions of the permit or failure to comply with any
provision of the Fish and Game Code or regulations adopted pursuant thereto. In
the event of a permit revocation, the permittee shall immediately surrender any
dreissenid mussels in its possession to the department.
(e) Request for reconsideration. Any
applicant or permittee who is denied a permit or renewal or amendment to an
existing permit, or whose permit is revoked by the department pursuant to these
regulations, may request reconsideration of that denial or revocation by filing
a written request with the Invasive Species Program, 1416 Ninth Street,
Sacramento, California 95814, postmarked no later than 30 business days after
the date of the notification letter from the department. The letter shall set
forth the reason(s) for the reconsideration, including any new information or
facts pertinent to the issue(s) raised by the request for reconsideration. The
department shall notify the applicant or permittee, in writing, of its decision
within 45 business days of its receipt of the request for
reconsideration.
1. New
section filed 2-10-2016; operative 4-1-2016 (Register 2016, No. 7). For prior
history, see Register 95, No. 26.
Note: Authority cited: Sections
702 and
2301,
Fish and Game Code. Reference: Section
2301,
Fish and Game Code.
