Cal. Code Regs. Tit. 14, § 601 - Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands

(a) Definition and Scope: A Private Lands Wildlife Habitat Enhancement and Management Area, (hereafter referred to as a PLM) is an area of private lands for which the landowner or their designee (hereafter referred to as licensee) has completed and implemented a wildlife habitat enhancement and management plan that actively encourages the propagation, conservation and wise use of the fish and wildlife populations on their land. Licenses for such areas may be granted by the commission for a period of five (5) years following department review and approval of the management plan.

(b) Application Process:

(1) Application Form and Management Plan: The applicant for a license to operate a PLM shall submit a completed initial application, as specified in Section 702, and any accompanying additional documentation to the department at the appropriate regional office. An initial applicant shall include three copies of a general management plan containing at least the following information:

(A) A legal description of the land to be included in the PLM. Three original USGS quadrangle maps or equivalent maps showing the boundaries of the PLM, access roads, any public lands within and/or adjacent to the PLM and all structures and facilities, shall be submitted with the initial application;

(B) An estimate of the wildlife and habitats present within the PLM, including an indication of animal distribution and habitat condition based on the California Wildlife Habitat Relationships Database System;

(C) A statement of management objectives;

(D) A detailed description of proposed management actions that are intended to achieve the management objectives;

(E) The county General Plan land use designation for the PLM.

(2) Applicants shall be individuals or corporate landowners or their designee.

(3) Applications shall be signed by the landowner(s).

(4) License Fees: A nonrefundable fee for the purposes of management plan review by the department shall be submitted with the application. The fee as specified in Section 702 will be based on the size of the PLM as follows:

(A) less than 5,000 acres

(B) 5,001 to 10,000 acres

(C) 10,001 to 15,000 acres

(D) greater than 15,001 acres

The application fees are established pursuant to Section 3402(b) of the Fish and Game Code. Payment of the application fee does not constitute acceptance into the program. The PLM license shall be valid for five years during the period from July 1 through June 30, and subject to annual review by the commission. The application fee covers each five-year license period. Applications that do not provide the information required will be rejected and returned to the applicant with an explanation for the rejection. Revised applications may be resubmitted under the original application fee. Any individual whose final application has been rejected by the department may appeal that decision to the commission.

(5) Issuance of PLM License: Upon approval of the general management plan by the commission, the department shall issue a PLM license for the taking of any fish, game bird or game mammal in said PLM pursuant to the regulations of the commission, which, pursuant to Fish and Game Code section 3406(a), may supersede Fish and Game Code sections 331(a) and (b) as it pertains to hunters and license tag fees for antelope, sections 332(a), (b) and (c) as it pertains to hunters and license tag fees for elk, and sections 457-459, related to antlerless and either sex deer.

(A) During the initial license year, antelope, elk or deer shall not be taken except during the general open season, consistent with the bag and possession limits for the hunting zone(s) in which the PLM is located. Upon satisfactory completion of the first year management actions identified in the plan for the PLM, the commission may authorize seasons and bag limits which differ from those established for the general seasons. Hunting must be consistent with the management plans prepared for that area or herd and should not result in an overall negative effect on the species population or herd being hunted as determined by the department.

(6) Annual Review: The licensee shall submit an annual report to the department no later than February 1. The annual report shall contain a summary of habitat enhancement and management activities, and harvest totals for the preceding year. The department shall review each plan to determine that the licensee has fulfilled the obligations as prescribed in the management plan. The annual report shall evaluate the results of activities carried out during the preceding year, including habitat improvement, wildlife production and population levels, hunter use and harvest of wildlife, including an accurate account of all PLM tags and seals. Recommended changes in the general management plan shall also be identified in the annual report.

(A) During the initial five (5) year license period, the PLM shall be subject to annual inspections by department personnel to verify the accuracy of the information provided in the annual report.

(B) PLM properties renewing their license following the initial five (5) year license period shall be subject to a minimum of two (2) site inspections within the new five (5) year license period. Such inspections shall be scheduled at the discretion of the department.

(C) The department shall provide the commission with annual recommendations for each PLM regarding the continuation of the PLM license. This recommendation shall be based on information provided in the annual report and annual inspections, when conducted.

(c) Tags and Seals:

(1) Possession of Tags and Seals: Every person hunting on a PLM shall have in their immediate possession a valid California hunting license and the appropriate tag or seal issued by a licensee or their authorized agent. Licensees shall enter the hunter's name and Get Outdoors Identification number (GO ID) on each tag and seal before distributing to the hunter. The tags or seals shall permit hunting for the period specified in the management plan, or until revoked by the licensee or the department. Hunters shall only take or possess those species and number of each species as specified by their hunting tags or seals as approved in the management plan. This does not apply to species not included in the management plan which may only be taken in accordance with the provisions of Subdivision 2, Chapters 1-7, and 9 of these regulations. Hunters while on the PLM shall be subject to all terms and conditions of the license, tag or seal.

(2) Tag and Seal Procedures:

(A) The department shall furnish each licensee with the appropriate tags or seals authorized under their management plan. The licensee shall require an unfilled deer tag or PLM voucher valid for the current license year in exchange for issuing a PLM deer tag to any hunter. PLM tags can only be used on the PLM for which they are issued.

(B) No hunter shall take more than two deer each year anywhere in California on either public or private lands. No person shall take more than one buck deer in the X-zones, as defined in Section 360(b), Title 14, CCR.

(C) Immediately upon killing any animal under the authority of the tag or seal issued to them by the licensee, the hunter shall completely fill out the tag or seal and attach it to the antler or horn of the male animal, the ear of the female animal, or the leg of the upland game species. The hunter shall have the tag validated pursuant to the provisions of Section 4341 of the Fish and Game Code and Section 708.6, Title 14, CCR. Hunters shall report their hunt results to the licensee within 2 days of harvesting the authorized species and surrender their tag to the licensee within 5 days of their hunt. The licensee shall submit completed report cards to the department's Wildlife Branch, 1812 Ninth St, Sacramento, CA 95811 on or before January 5 each year. The tag shall remain with the animal pursuant to sections 708.5, 708(c)(4), and 708(d)(4), Title 14, CCR.

(3) Tag and Seal Fees: The licensee shall pay the department the fees specified in Section 702 for each tag and seal authorized annually.

(d) Operation of a PLM:

(1) Posting: Each PLM shall be posted by the licensee with signs which have been approved by the department. Signs shall be placed at intervals not less than three to the mile along exterior boundaries and at all roads and trails entering such lands. Where the PLM is bounded by land open to public hunting, posting shall be required with signs posted at intervals not less than eight to the mile. These signs shall identify both ingress and egress of the PLM. Posting shall be completed no later than fourteen days prior to hunting within either the PLM or adjacent public deer hunting zone, and maintained for the life of the license. Posting shall ensure that all boundaries are clearly marked and that no public access roads or areas appear to be closed.

(2) Records: The licensee shall maintain accurate records of all tags and seals and make such records available to the department upon request. The licensee shall identify the location where records will be retained and available for inspection. An accurate accounting of all hunting tags and seals authorized along with any unissued or unfilled tags or seals, shall be submitted to the department's Wildlife Branch, 1812 Ninth Street, in Sacramento, CA 95811, by January 5 of each year. Such accounting shall include the actual exchanged tags or PLM vouchers provided by the individual hunters on each area. Fees for all authorized tags and seals shall be paid in full before the department furnishes tags and seals to the licensee. Licensee shall purchase all tags and seals that were authorized per the PLM agreement each year. Refunds shall not be issued for any unissued or unfilled tags or seals.

(3) Access: During the PLM hunting seasons, PLM licensees shall provide access to department wildlife officers to ensure compliance with hunting laws and regulations. Access to wildlife officers may be in the form of providing a combination lock, keys to gates, or by allowing the department to place a lock on the gate during the PLM hunting season.

(e) Revocation of Licenses, Tags, and Seals:

(1) License: A PLM license may be temporarily suspended by the Director for any breach or violation of the terms of the license. The department shall notify the commission following any such suspension. The commission may subsequently revoke or reinstate the license, or fix the period of suspension, after written notice has been provided to the licensee. The commission shall consider the suspension, revocation or reinstatement at the next scheduled commission meeting following written notice to the licensee. Any licensee convicted of a violation of the Fish and Game Code or regulations made pursuant thereto must appear before the commission prior to the issuance of a new license.

(2) Tags and Seals: The licensee, their designee, or any employee of the department may revoke a hunter's PLM hunting tag(s), or seal(s) for a violation of any Fish and Game law or regulation or the terms and conditions of the PLM license.

(f) Termination of License: a licensee may elect to terminate involvement with the PLM Program by submitting to the department ten days written notice of their intent to withdraw. This written notice shall include a full accounting of all tags and seals used, exchanged tags or PLM vouchers received. Prior to the department receiving this notice and full accounting, the licensee must abide by the terms and conditions of the license issued pursuant to Section 3402 of the Fish and Game Code.

(g) No person shall violate any of the provisions of this section or any license issued pursuant thereto. Failure to comply therewith may result in:

(1) denial of application

(2) revocation of license and/or tags and seals

(3) citation under the provisions of the Fish and Game Code.

Notes

Cal. Code Regs. Tit. 14, § 601

1. New section filed 9-16-81; effective thirtieth day thereafter (Register 81, No. 38).
2. New section refiled 9-17-81 as an emergency; effective upon filing (Register 81, No. 38).
3. Certificate of Compliance filed 9-23-81 (Register 81, No. 38).
4. Repealer and new section filed 6-7-82; effective thirtieth day thereafter (Register 82, No. 24).
5. Amendment of subsection (d)(2) filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25).
6. Repealer and new section filed 8-16-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 33).
7. Amendment filed 4-8-87, operative 4-8-87 (Register 87, No. 15).
8. Amendment filed 2-10-89; operative 2-10-89 (Register 89, No. 8).
9. Editorial correction of subsection (b)(3) printing error (Register 89, No. 39). Ed. Note: The amendment filed 2-10-89 increasing a non-refundable license fee from $400 to $800 was inadvertently omitted during the production of Register 89, No. 8.
10. Editorial correction of printing error in subsection (b)(1) (Register 91, No. 31).
11. Amendment of section heading, subsections (a)-(f) and NOTE, and new subsection (g) filed 4-7-93; operative 4-7-93 (Register 93, No. 15).
12. Amendment of subsection (c)(2) filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26).
13. Amendment filed 6-10-2003; operative 6-10-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 24).
14. Amendment of subsections (a), (b)(1), (b)(4) and (d)(2) filed 7-7-2004; operative 7-7-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
15. Change without regulatory effect amending subsections (b)(1), (b)(4)(A)-(D), (b)(5) and (c)(3)(A)-(J) and amending NOTE filed 5-11-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 19).
16. Amendment of subsections (b)(1), (b)(4)-(b)(4)(D) and (c)(3) and repealer of subsections (c)(3)(A)-(K) filed 8-4-2006; operative 8-4-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 31).
17. Amendment of section and NOTE filed 3-18-2014; operative 4-1-2014 pursuant to Government Code section 11343.4(b)(4)(A) (Register 2014, No. 12).
18. 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, 713, 3402, 3404 and 3406, Fish and Game Code. Reference: Sections 3400, 3401, 3402, 3403, 3404, 3406, 3407, 3408, 4331, 4332 and 4341, Fish and Game Code; Betchart v. Department of Fish and Game (1984) 158 Cal.App.3d 1104; Oliver v. United States (1984) 466 U.S. 170, 177, 178; and United States v. Dunn (1987) 480 U.S. 294, 303.

1. New section filed 9-16-81; effective thirtieth day thereafter (Register 81, No. 38).
2. New section refiled 9-17-81 as an emergency; effective upon filing (Register 81, No. 38).
3. Certificate of Compliance filed 9-23-81 (Register 81, No. 38).
4. Repealer and new section filed 6-7-82; effective thirtieth day thereafter (Register 82, No. 24).
5. Amendment of subsection (d)(2) filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25).
6. Repealer and new section filed 8-16-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 33).
7. Amendment filed 4-8-87, operative 4-8-87 (Register 87, No. 15).
8. Amendment filed 2-10-89; operative 2-10-89 (Register 89, No. 8).
9. Editorial correction of subsection (b)(3) printing error (Register 89, No. 39). Ed. Note: The amendment filed 2-10-89 increasing a non-refundable license fee from $400 to $800 was inadvertently omitted during the production of Register 89, No. 8.
10. Editorial correction of printing error in subsection (b)(1) (Register 91, No. 31).
11. Amendment of section heading, subsections (a)-(f) and Note, and new subsection (g) filed 4-7-93; operative 4-7-93 (Register 93, No. 15).
12. Amendment of subsection (c)(2) filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26).
13. Amendment filed 6-10-2003; operative 6-10-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 24).
14. Amendment of subsections (a), (b)(1), (b)(4) and (d)(2) filed 7-7-2004; operative 7-7-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
15. Change without regulatory effect amending subsections (b)(1), (b)(4)(A)-(D), (b)(5) and (c)(3)(A)-(J) and amending Note filed 5-11-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 19).
16. Amendment of subsections (b)(1), (b)(4)-(b)(4)(D) and (c)(3) and repealer of subsections (c)(3)(A)-(K) filed 8-4-2006; operative 8-4-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 31).
17. Amendment of section and Note filed 3-18-2014; operative 4-1-2014 pursuant to Government Code section 11343.4(b)(4)(A) (Register 2014, No. 12).
18. Change without regulatory effect amending Note filed 8-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 32).