California Code of Regulations
Title 14 - Natural Resources
Division 1 - Fish and Game Commission-Department of Fish and Game
Subdivision 3 - General Regulations
Chapter 3 - Miscellaneous
Section 672.1 - Dreissenid Mussel Control and Prevention

(1) A control plan shall be submitted to the department either:

(2) Control plans shall be revised within 60 business days of receipt of comments from the department.

(3) Control plans that have been approved prior to the effective date of these regulations are not required to be resubmitted for review by the department. The authorization contained in such control plans is deemed to be in effect as of the date it was approved.

(4) The department shall maintain a list of waterbodies where dreissenid mussels have been detected.

(5) Control plans shall consist of a written document describing the status of the dreissenid mussel population at the time the plan is developed, control activities, and monitoring to determine changes in the population. A control plan may also include a description of maintenance activities to maintain functionality of the water supply facility.

(6) Monitoring activities associated with an approved control plan per Fish and Game Code section 2301 do not require a separate permit for collection, transport to laboratories, or analysis, unless activities are associated with scientific research.

(7) Plan implementation shall be demonstrated through submission of annual reports (January 1 - December 31) to the department by March 31 of each year, that summarize changes in dreissenid mussel populations, control activities implemented, and monitoring results.

(8) Any public or private agency that violates this section by failing to submit a control plan, revision, or annual report is subject to a maximum penalty of $1,000 that shall be imposed administratively by the department. The administrative penalty and appeal process are described in section 672.2.

(1) Dreissenid mussel prevention programs shall include, at a minimum, a report summarizing the following:

(2) Possession of dreissenid mussels as a result of early detection monitoring is not a violation of Fish and Game Code section 2301, subdivision (a) provided that monitoring is conducted under a prevention program being implemented consistent with Fish and Game Code section 2302.

(3) A written document describing the prevention program shall be submitted to the department within 90 business days of the date the department requests documentation of the prevention program.

(4) Prevention programs shall be revised within 60 business days of receipt of comments from the department.

(5) Program implementation shall be demonstrated through submission of an annual report (January 1-December 31) to the department by March 31 of each year that summarizes any changes in the reservoir's vulnerability, monitoring results, and management activities.

(6) Any person, or federal, state, or local agency, district or authority that violates this section by failing to submit a prevention program, revision, annual report, or fails to report a new discovery of dreissenid mussels as required by Fish and Game Code section 2301, subdivision (e) is subject to a maximum penalty of $1,000 that shall be imposed administratively by the department. The administrative penalty and appeal process are described in section 672.2.

(1) Any department employee or any other state agency representative, to whom the department has delegated the authority to implement Fish and Game Code section 2301, may impound or quarantine any conveyance known or suspected to contain dreissenid mussels for the period of time necessary to ensure the removal or death of any such mussels. Impounded or quarantined conveyances shall be stored at a location determined by the enforcing authority, and all costs associated with the impounding or quarantine are the responsibility of the owner of the conveyance or the person in possession of the conveyance. The department is not responsible for any costs that are in any way, whether directly or indirectly, related to or resulting from quarantine or storage.

(2) State agencies delegated authority to implement Fish and Game Code section 2301 are not obligated to impound or quarantine conveyances.

(3) Tags, stickers or other methods used to identify a conveyance as quarantined shall not be tampered with or destroyed prior to the conveyance being released from quarantine by the department.

(4) When a conveyance is quarantined by the department, the owner or person in possession of the conveyance will receive a copy of Quarantine Notice, DFW 1015 (NEW 09/25/14), incorporated by reference herein. If the owner is not present at time of the department-issued quarantine, the department shall provide a copy of the Quarantine Notice electronically or by mail to the owner. The conveyance will remain under quarantine until the department has re-inspected the conveyance, determined it has been properly treated to remove or kill all dreissenid mussels, and/or has released it from quarantine. The owner of the conveyance is responsible for contacting the department for re-inspection of the conveyance.

(5) In addition to any other penalty provided by law, any person who violates this section, section 2301 of the Fish and Game Code, or any verbal or written order issued pursuant to these sections, or who resists, delays, obstructs, or interferes with the implementation of these sections, is subject to a penalty of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000), that shall be imposed administratively by the department. Any such person shall be issued an Administrative Penalty Citation Form DFW 1016 (NEW 04/10/15), incorporated by reference herein. The owner of any conveyance involved in the violation or quarantine may be held responsible for the violation, impoundment, or quarantine. In determining the amount of the penalty, the department may consider the willfulness of the action or failure to act, the nature and gravity of the action or failure to act, including the potential impacts on public safety, recreation, or natural resources of the state, the history of past acts or failures to act, and any other relevant factors as justice may require. The administrative penalty and appeal process is described in section 672.2 of these regulations.