California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 1 - Fish, Amphibians and Reptiles › Chapter 8 - Miscellaneous › Section 226.5 - Issuance of Permits to Destroy Harmful Species of Fish in Private Waters for Management Purposes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to the provisions of section
					 5501 of
					 the Fish and Game Code, free permits for depredation purposes to take any
					 species of fish which, in the opinion of the Department of Fish and Game, is
					 harmful to other species of fish may be issued by the department on the
					 following terms:
(a) Subject to
				  paragraph (g) of this section, such fish may be destroyed by means of
				  chemicals, seining or draining.
(b)
				  Application shall be made to the Regional Manager of the Department of Fish and
				  Game for the region in which the water is located. An application form will be
				  supplied to each applicant upon request.
(c) All waters to be treated, seined or
				  drained shall be entirely within the exterior boundaries of the land owned or
				  leased by the applicant or applicants.
(d) Permits shall not be granted for streams
				  or rivers.
(e) No permit may be
				  granted if, in the judgment of the Department of Fish and Game, it contains
				  publicly owned fish of desirable species which should be protected.
(f) Permittees shall notify the Regional
				  Office of the Department of Fish and Game 10 days in advance of operations so
				  that arrangements may be made for observation by the department if that is
				  deemed desirable.
(g) No water may
				  be chemically treated if, in the judgment of the Department of Fish and Game,
				  the chemical could escape to other waters and endanger publicly owned
				  fish.
(h) The Department of Fish
				  and Game may specify the nature and amount of chemical to be used and its mode
				  of application.
(i) Fish recovered
				  under authority of this permit may not be sold (see section
				  226.7).
(j) The permittee agrees to hold the State of
				  California, its agents, servants and employees free and harmless from all
				  claims for damages resulting from the permittee's negligence or willful failure
				  to follow the department's written recommendations prescribed for the chemical
				  treatment of any water.
(k) Permits
				  may be revoked for a violation of the terms thereof or for a conviction of any
				  violation of any provision of the Fish and Game Code or commission regulations
				  pertaining to activities covered by the permit. In order to protect fishery
				  resources, permits may be revoked or amended without notice. Said revocations
				  or amendments are subject to review by the commission.
(l) Permits shall only be issued upon the
				  condition contained in the application and signed by the applicant that he has
				  read, understands and agrees to be bound by all the terms of the permit and
				  these regulations.
1. New
					 section 757 filed 11-1-55; effective
					 thirtieth day thereafter (Register 55, No. 16).
2. Renumbered from
					 former section
					 757 (Register 59, No.
					 9).
3. Amendment filed 4-21-60; effective thirtieth day thereafter
					 (Register 60, No. 9).
4. Amendment of NOTE filed 10-5-81; effective
					 thirtieth day thereafter (Register 81, No. 41).
5. Amendment of
					 subsections (j) and (k) filed 9-15-83; effective thirtieth day thereafter
					 (Register 83, No. 38).
6. Amendment of undesignated introductory
					 paragraph filed 4-18-91; operative 5-18-91 (Register 91, No.
					 21).
Note: Authority cited: Sections
						2120,
						5510
						and
						8437,
						Fish and Game Code. Reference: Sections
						2120,
						5501,
						5510
						and
						8437,
						Fish and Game Code.