Cal. Code Regs. tit. 14 § 602

Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Section 602 - Shared Habitat Alliance for Recreational Enhancement Program
(a) Definition and scope: A Shared Habitat Alliance for Recreational Enhancement Program property (hereafter referred to as SHARE property) is an area of private property on which a landowner or their designee has voluntarily allowed the public to engage in wildlife-dependent recreational activities.
(b) Landowner enrollment process:
(1) Application form: Applicants enrolling in the SHARE Program shall submit a completed SHARE Program Application, DFW 858 (Rev. 11/15/21), hereby incorporated by reference, and accompanying additional documentation to the department at the address specified on the application.
(2) Applicants shall be individuals or corporate landowners or their designees.
(3) Applications submitted by person(s) other than the landowner shall be accompanied by a letter signed by the legal landowner authorizing participation in the SHARE Program.
(4) Landowners may be compensated for enrollment in the program as described in Fish and Game Code Section 1573.
(c) Permitted uses:
(1) Hunting. Every person hunting on a SHARE property shall have in their possession a valid California hunting license, an appropriate tag or seal and a SHARE access permit.
(2) Fishing. Every person fishing on a SHARE property shall have in their possession a valid California fishing license, an appropriate report card and a SHARE access permit.
(3) Recreational wildlife observation. Every person who uses a SHARE property for recreational wildlife observation shall have in their possession a SHARE access permit.
(4) Access through SHARE property.
(5) SHARE property landowners and their designees are not required to have in their possession a SHARE access permit at any time.
(d) Every person engaged in a wildlife-dependent recreational activity on a SHARE property shall follow all provisions of the Fish and Game Code and regulations adopted pursuant to the Fish and Game Code that are applicable to that activity.
(e) SHARE Access Permit application process:
(1) The department shall charge a non-refundable application fee. The base fee for this application is ten dollars ($10) as of March 1, 2012, and shall be adjusted annually pursuant to Fish and Game Code Section 713.
(A) The department will define each SHARE opportunity and specify the property, activity, timeframe and other special limitations for which applicants can apply.
(B) Applications for a SHARE access permit will be entered into a random drawing when the number of applications exceeds the number of SHARE access permits available per recreational opportunity.
(C) Applications received after the deadline will not be entered into the drawing.
(2) The department may allow party applications for SHARE access permits on SHARE properties. The department will set party size limits. In random drawings parties will receive a single random number and SHARE access permits will be awarded as described in subsection (e)(1)(B). Party applications shall not be split to meet the number of SHARE access permits available.
(3) Area specific rules, if any, will be provided to applicants prior to any drawing held to issue SHARE access permits.
(f) SHARE Access Permits:
(1) Permit holders may enter or exit the SHARE property only at designated locations and only within the timeframe authorized in their SHARE access permit.
(2) Permit holders accessing SHARE properties shall be required to sign a SHARE Program Liability Waiver, DFW 859 (Rev. 11/15/21), hereby incorporated by reference, that releases the department or any private group, nonprofit organization, governmental entity, or other organization involved in administering the program, and the private landowner, from liability for any injury or damage that arises from, or is connected with that person's use of the land.
(3) SHARE access permits are non-transferable.
(g) Pursuant to Fish and Game Code Section 857, department law enforcement personnel may enter a SHARE property for law enforcement purposes.
(h) Agreement Cancellation: The department or landowner may cancel a SHARE agreement and any associated permits or opportunities without cause at any time. In the event of SHARE opportunity cancellations, any issued permits or drawings for unissued permits will be cancelled and SHARE access permit holders will be notified.

Cal. Code Regs. Tit. 14, § 602

1. New section filed 7-2-2012; operative 8-1-2012 (Register 2012, No. 27).
2. Change without regulatory effect amending subsections (b)(1) and (f)(2) filed 3-30-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 13).

Note: Authority cited: Sections 702 and 1572, Fish and Game Code. Reference: Sections 1571, 1572, 1573 and 1574, Fish and Game Code.

1. New section filed 7-2-2012; operative 8-1-2012 (Register 2012, No. 27).
2. Change without regulatory effect amending subsections (b)(1) and (f)(2) filed 3-30-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 13).