Section 8.01 - Special Measures for Fisheries at Risk(a) The commission has established a quick response process to temporarily close fisheries experiencing degraded habitat quality and or quantity or extremely low population size within waters of the state. The criteria set forth in subsections (b) and (c) are intended to ensure that fisheries are protected under critical environmental conditions. These criteria will be monitored in statewide inland fisheries, and they will be evaluated on a water by water basis over time as conditions change.(b) The department may close to angling any waters of the state not currently listed in Section 8.00 of these regulations if the director, or his or her designee, finds one or more of the following conditions have been met:(A) Water temperatures in occupied habitat exceed 70° Fahrenheit for over eight hours a day for three consecutive days(B) Dissolved oxygen levels in occupied habitat drop below 5 mg/L for any period of time over two consecutive days.(C) Fish passage is impeded or blocked for fish species that rely on migration as part of a life history trait.(D) Water levels for ponds, lakes and reservoirs drop below 10% of their capacity.(E) Adult breeding population levels are estimated to be below 50 individuals for a sub-population and 500 individuals for a standard population.(c) Waters closed pursuant to subsection (b) shall be reopened by the department when the director, or his or her designee, determines the initial closure-based criteria are no longer met and water temperatures do not exceed 70° Fahrenheit for over eight hours a day for 14 consecutive days and dissolved oxygen remains above 5 mg/L for 14 consecutive days.(d) It shall be unlawful to take fish in any waters of the state closed to angling pursuant to this Section.(e) Notification of department actions.(1) The department shall maintain a list of closed waters of the state and update that list on Wednesday of each week by 1:00 pm. In the event that water conditions change later in the week, the fishing status for each specific water will not change until the day following the next Wednesday. It shall be the responsibility of the angler to use the telephone number provided below or go to the department's website at https://www.wildlife.ca.gov/Regulations to obtain the current status of any water. The number to call for information is (916) 445-7600.Cal. Code Regs. Tit. 14, § 8.01
1. New section filed 7-2-2015 as an emergency; operative 7-2-2015 (Register 2015, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-29-2015 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 90, No. 10.
2. New section refiled 12-28-2015 as an emergency; operative 12-28-2015 (Register 2016, No. 1). A Certificate of Compliance must be transmitted to OAL by 3-28-2016 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-28-2016 as an emergency; operative 3-28-2016 (Register 2016, No. 14). A Certificate of Compliance must be transmitted to OAL by 6-27-2016 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-28-2016 order, including amendment of section heading and section, transmitted to OAL 5-4-2016 and filed 6-15-2016; amendments effective 6-15-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 25).
5. 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, 205, 265 and 315, Fish and Game Code. Reference: Sections 200, 205, 265 and 315, Fish and Game Code.
1. New section filed 2-21-84; designated effective 3-1-84 (Register 84, No. 8).
2. Repealer filed 3-1-90; operative 3-1-90 (Register 90, No. 10).
3. New section refiled 3-28-2016 as an emergency; operative 3-28-2016 (Register 2016, No. 14). A Certificate of Compliance must be transmitted to OAL by 6-27-2016 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-28-2016 order, including amendment of section heading and section, transmitted to OAL 5-4-2016 and filed 6-15-2016; amendments effective 6/15/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 25).
5. Change without regulatory effect amending Note filed 8-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 32).