Section 672 - Possession, Importation, and Transportation of Dreissenid Mussels(a) Definitions. For the purposes of sections 672, 672.1 and 672.2 of these regulations, the following definitions apply:
(1) "Control" is any activity intended to eradicate or prevent the movement of adult or veliger dreissenid mussels from a waterbody by any means.(2) "Control Plan" is a written document that describes the actions to be implemented to control dreissenid mussels.(3) "Conveyance" is any item that may contain or carry adult or veliger dreissenid mussels including, but not limited to, vehicles, watercraft, containers, and trailers. Conveyance does not include water supply systems, facilities and infrastructure.(4) "Detected" means: (A) There has been an observed presence of one or more adult dreissenid mussels, or;(B) There has been an observed presence of one or more veliger dreissenid mussels that has been verified by the best available laboratory methodologies.(5) "Dreissenid mussel" is collectively all species in the taxonomic family Dreissenidae, including quagga mussels (Dreissena rostriformis bugensis) and zebra mussels (Dreissena polymorpha).(6) "Introduction" means the intentional or unintentional placement of adult or veliger dreissenid mussels into a reservoir.(7) "Prevention Program" is a written document that describes the actions to be implemented at a reservoir to keep dreissenid mussels from being introduced and keep them from being moved from the reservoir should they be present.(8) "Quarantine" means to restrict the movement and/or use of a conveyance.(9) "Veliger" is the microscopic larva of dreissenid mussels.(10) "Waterbody" is any water of the state that includes, but is not limited to lakes, rivers, streams, canals, ponds, flooded areas, reservoirs, sloughs, and springs.(11) "Water Supply System" is any natural or man-made means for distributing or holding water, operated by a public or private agency.(b) General Permit Provisions. (1) Any person, scientific or educational institution, federal, state, or local agency, private or public district or authority may apply for a Dreissenid Mussel Permit, which, according to its terms, may authorize that entity to possess, import, ship or transport dead dreissenid mussels.(2) Permits to possess dead dreissenid mussels will be issued only for the purpose(s) of outreach, education, species verification, training, or other purposes deemed by the department to be in the best interest of the State.(3) This permit does not authorize the collection of live or dead dreissenid mussels.(4) A permit issued pursuant to this section does not supersede any federal, state, or local law regulating or prohibiting possession or transportation of dreissenid mussels.(5) The department may enter any holding facility, vehicle, vessel, or other place where dreissenid mussels are permitted to be kept or may be kept to inspect mussels, facilities or equipment.(c) Permit Application. An applicant for a new permit, renewal of an existing permit, or amendment to an existing permit, must submit a completed application on Dreissenid Mussel Permit Application, DFW 1014 (NEW 04/10/15), incorporated by reference herein. Application forms are available on the department's website.
(1) Review and Approval. After receiving a complete application, the department shall review the application within 30 business days. If approved, the department shall notify the applicant via an approval letter and signed permit. The permit shall be presented upon request by any individual in possession of dreissenid mussels, to any department employee or person with delegated authority under Fish and Game Code section 2301.(2) Denial. The department may deny the issuance, renewal or amendment of a permit if any of the following occurs: (A) The department determines that the application or other documents submitted do not support the applicant's stated purpose or use for the dreissenid mussels.(B) The department determines that the possession, importation, shipment or transportation of dead dreissenid mussels as proposed is not in the best interest of the State.(C) The permittee has failed to comply with terms and conditions of a permit or any provision of the Fish and Game Code or regulations adopted pursuant thereto.(d) Revocation. The department may revoke at any time any permit issued pursuant to these regulations for failure to comply with the terms and conditions of the permit or failure to comply with any provision of the Fish and Game Code or regulations adopted pursuant thereto. In the event of a permit revocation, the permittee shall immediately surrender any dreissenid mussels in its possession to the department.(e) Request for reconsideration. Any applicant or permittee who is denied a permit or renewal or amendment to an existing permit, or whose permit is revoked by the department pursuant to these regulations, may request reconsideration of that denial or revocation by filing a written request with the Invasive Species Program, 1416 Ninth Street, Sacramento, California 95814, postmarked no later than 30 business days after the date of the notification letter from the department. The letter shall set forth the reason(s) for the reconsideration, including any new information or facts pertinent to the issue(s) raised by the request for reconsideration. The department shall notify the applicant or permittee, in writing, of its decision within 45 business days of its receipt of the request for reconsideration.Cal. Code Regs. Tit. 14, § 672
1. New section filed 2-10-2016; operative 4-1-2016 (Register 2016, No. 7). For prior history, see Register 95, No. 26. Note: Authority cited: Sections 702 and 2301, Fish and Game Code. Reference: Section 2301, Fish and Game Code.
Former § 672: Repealer filed 6-30-95; operative 7-1-95 pursuant to Fish and Game Code section 3270(Register 95, No. 26).
1. New section filed 2-10-2016; operative 4/1/2016 (Register 2016, No. 7). For prior history, see Register 95, No. 26.