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California Fish and Game Code Section 5653

Legal Research Home > California Laws > Fish and Game Code > California Fish and Game Code Section 5653

5653.  (a) The use of any vacuum or suction dredge equipment by any
person in any river, stream, or lake of this state is prohibited,
except as authorized under a permit issued to that person by the
department in compliance with the regulations adopted pursuant to
Section 5653.9. Before any person uses any vacuum or suction dredge
equipment in any river, stream, or lake of this state, that person
shall submit an application for a permit for a vacuum or suction
dredge to the department, specifying the type and size of equipment
to be used and other information as the department may require.
   (b) Under the regulations adopted pursuant to Section 5653.9, the
department shall designate waters or areas wherein vacuum or suction
dredges may be used pursuant to a permit, waters or areas closed to
those dredges, the maximum size of those dredges that may be used,
and the time of year when those dredges may be used. If the
department determines, pursuant to the regulations adopted pursuant
to Section 5653.9, that the operation will not be deleterious to
fish, it shall issue a permit to the applicant. If any person
operates any equipment other than that authorized by the permit or
conducts the operation in any waters or area or at any time that is
not authorized by the permit, or if any person conducts the operation
without securing the permit, that person is guilty of a misdemeanor.
   (c) The department shall issue a permit upon the payment, in the
case of a resident, of a base fee of twenty-five dollars ($25), as
adjusted under Section 713, when an onsite investigation of the
project size is not deemed necessary by the department, and a base
fee of one hundred thirty dollars ($130), as adjusted under Section
713, when the department deems that an onsite investigation is
necessary. In the case of a nonresident, the base fee shall be one
hundred dollars ($100), as adjusted under Section 713, when an onsite
investigation is not deemed necessary, and a base fee of two hundred
twenty dollars ($220), as adjusted under Section 713, when an onsite
investigation is deemed necessary.
   (d) It is unlawful to possess a vacuum or suction dredge in areas,
or in or within 100 yards of waters, that are closed to the use of
vacuum or suction dredges.

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Last modified: March 17, 2014