Section 226.5 - Issuance of Permits to Destroy Harmful Species of Fish in Private Waters for Management PurposesPursuant 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.Cal. Code Regs. Tit. 14, § 226.5
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.
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).