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Proposed Rulemaking: Dreissenid Mussels

Final Adoption of California Notice Register 2015, No. 4-Z-2015-0113-07 and OAL File 2015-1228-05, Re: Dreissenid Mussels

March 21, 2015

The Department adopted the revised rulemaking package on December 17, 2016 and resubmitted it to the Office of Administrative Law (OAL) on December 28, 2105. 

The OAL approved the dressenid mussel regulations on February 10, 2016 to provide the Department with the ability to verify that the control and prevention of dreissenid mussels is taking place throughout the state and provides a process to impound conveyances which may be carrying mussels.  

The final regulations will be effective on April 1, 2016 pursuant to Government Code 11343.4.

Copies of OAL’s approval and the final regulatory files are below:

  1. OAL Notice of Approval
  2. Final Statement of Reasons
  3. Final Regulatory Language
  4. Notice of Exemption for CEQA
  5. Final Permit Application Form, DFW-1014
  6. Final Quarantine Notice Form, DFW-1015
  7. Final Administrative Penalty Form, DFW-1016

The files for the original January 23, 2015 rulemaking notice, May 11, 2015 continuation notice, and September 17, 2015 second continuation notice can be found below.


Second 15 Day Continuation Notice to California Notice Register 2015, No. 4-Z-2015-0113-07 Re: Dreissenid Mussels

September 17, 2015

In accordance with the Administrative Procedure Act, this is the second 15 day continuation notice of proposed regulatory action relative to amendments to the Initial Statement of Reasons, relating to the proposed Dreissenid Mussel regulations, which were published in the California Regulatory Notice Register on January 23, 2015, Register 2015, No. 4-Z: OAL Notice File No. Z-2015-0113-07 and re-noticed on May 11, 2015.

The proposed additional changes for public notice expand the discussion of the necessity of the proposed regulatory provisions pursuant to Government Code Section 11349(a), and add the revised Economic and Fiscal Impact Statement, STD 399, to the rulemaking file pursuant to Government Code Section 11346.8(d).

All written comments on the proposed amendments to the Initial Statement of Reasons must be received no later than 5:00 p.m. on October 2, 2015. Comments may be submitted by mail, fax, or e-mail as follows:

California Department of Fish and Wildlife
Invasive Species Program
Attn: Jennifer LaBay
1416 9th Street, 12th Floor
Sacramento, CA 95814
Telephone:    (916) 653-3868
Fax: (916) 651-3120
Email: Jennifer.LaBay@wildlife.ca.gov

The proposed revisions to the rulemaking file consist of the following documents:

  1. Second 15 Day Continuation Notice
  2. Amended Initial Statement of Reasons
  3. Revised Economic and Fiscal Impact Statement

The files for the original January 23, 2015 rulemaking notice and May 11, 2015 continuation notice can be found below.


15 Day Continuation Notice to California Notice Register 2015, No. 4-Z-2015-0113-07 Re: Dreissenid Mussels

May 11, 2015

In accordance with the Administrative Procedure Act, this is a 15 day continuation notice of proposed regulatory action relative to additional amendments to sections 672, 672.1, and 672.2, Title 14, California Code of Regulations (CCR), and DFW Form 1014 and DFW Form 1016, relating to the proposed Dreissenid Mussel regulations, which were published in the California Regulatory Notice Register on January 23, 2015, Register 2015, No. 4-Z: OAL Notice File No. Z-2015-0113-07.

The additional changes for public notice will reduce public confusion, clarify the intent of Fish and Game Code, sections 2301 and 2302, and improve enforcement of the regulations.

The public comment period for this notice ended on May 26, 2015.

The proposed revisions to the rulemaking file consist of the following documents:

  1. 15 Day Continuation Notice
  2. Revised Continuation Regulations
  3. Revised Permit Application Form, DFW 1014
  4. Revised Administrative Penalty Form, DFW 1016

The files for the original rulemaking notice can be found below.


Notice of Proposed Rulemaking: Dreissenid Mussels (Sections 672, 672.1, and 672.2, Title 14, CCR)

January 23, 2015

The proposed regulations provide the Department with the ability to verify that the control and prevention of dreissenid mussels is taking place throughout the state and provides a process to impound conveyances which may be carrying mussels. This benefits the state of California by reducing the number and severity of dreissenid mussel infestations. These actions will help maintain recreational opportunities at reservoirs and prevent adverse impacts to local businesses that rely upon water based recreation. Water supply infrastructure also benefits due to an infestation’s ability to stop the flow of water within the infrastructure leading to economic impacts for local agencies and the public. Preventing new dreissenid mussel infestations and controlling current infestations also helps maintain natural resources that the Department is tasked with managing for their ecological values and for their use and enjoyment by the public.

In accordance with the Administrative Procedure Act, CDFW provided notice of the proposed regulatory action to the Office of Administrative Law for publication in the California Regulatory Notice Register on January 23, 2015. The public notice period was a 45-day review process during which interested individuals may comment on the proposed rulemaking.

The public comment period for this notice ended on March 12, 2015.

A public hearing was held Thursday, March 12, 2015, from 10:00 a.m. to 11:30 a.m., at the Resources Building located at 1416 9th Street, Sacramento, California, in the 12th floor conference room, Room 1206.

The current rulemaking file for this proposal consists of the following documents:

  1. Notice of Proposed Rulemaking
  2. Initial Statement of Reasons
  3. Proposed Regulatory Text Language
  4. Economic and Fiscal Impact Statement (Form 399)
  5. Permit Application Form, DFW 1014
  6. Quarantine Notice Form, DFW 1015
  7. Administrative Penalty Form, DFW 1016