1. (a) Definition and Scope. A cooperative elk hunting area is an area of private land located within the boundary of an area open to public elk hunting. The cooperative hunting area shall encompass not less than a total of 5,000 acres, except that such area may consist of neighboring lands not less than 640 acres in size under the control of one or more owners.

   Within an area open to public elk hunting, the number of cooperative elk hunting license tags issued shall not exceed 20 percent of the number of general methods public license tags for the corresponding public hunt and shall be of the same designation (i.e., antlerless, spike bull, bull or either-sex) as the public license tags. Public license tags shall equate to the sum of the general methods elk license tags under Section 364 and the Shared Habitat Alliance for Recreational Enhancement (SHARE) elk license tags under Section 364.1 for the corresponding hunt and for the same designation issued annually.

2. (b) Application Process. Applications, designated on a form issued by the department, are available from the department's headquarters and regional offices:

   1. (1) Eligibility Requirements.

      A person (as defined by Fish and Game Code Section 67) owning at least 640 acres within a cooperative elk hunting area shall be eligible to apply for a cooperative elk hunting area permit. The applicant for a cooperative elk hunting area permit shall be an owner of said land and they shall designate one individual eligible to receive one elk license tag by the date indicated under subsection (5) below. Such individuals shall be at least 12 years of age and possess a valid California hunting license. A person may annually submit a cooperative elk hunting area application where they own sufficient habitat as described in subsection (a) above, for each public hunt area in which their property occurs.

   2. (2) Application Materials.

      1. (A) Completed application form pursuant to subsection (b)(3)
      2. (B) Applicable fees for resident or non-resident elk tags, pursuant to Fish and Game Code Section 332, subdivision (c) and adjusted annually pursuant to Fish and Game Code Section 713.
      3. (C) Proof of property ownership (copy of deed)
      4. (D) Proof of property size (property map)

      The following application materials must be submitted to the department's regional office nearest the proposed cooperative elk hunting area by the first business day following July 1.

   3. (3) Application Form, Form DFW 1449 (Rev. 10/23), hereby incorporated by reference. Application forms are available pursuant to subsection (b).

      1. (A) Applicant: applicant's name, title (if applicable), mailing address, business name (if applicable), driver's license number, telephone number, applicant signature, and acknowledgement of compliance with provisions.
      2. (B) Property: location of qualifying lands (county, section, township, and range), and name of elk zone where qualifying land is located.
      3. (C) First through third preference tag: bull, antlerless, or either-sex, and hunt code.

   4. (4) Review and Approval

      Only those applications that are filled out completely will be accepted. The department shall review the cooperative elk hunting application, verify the content thereof, and certify that the lands consist of important elk habitat prior to the issuance of a cooperative elk hunting permit and elk tag. If the number of accepted applications exceeds the license tags available, the department will determine successful applicants and a list of alternates by conducting a random drawing from the pool of qualified applicants as soon as possible after the application deadline. For any license year that the demand for cooperative elk hunting license tags within an area open to public hunting (as identified in 364) exceeds the number of tags available, tags will be first issued to applicants that did not receive a tag the previous year. If the quota is not filled, tags will be issued to the remaining applicants by random drawing. Successful applicants will be notified by the department as soon as possible after the application deadline.

   5. (5) Designated Recipients. Applicants shall submit the name, address, and valid California hunting license number of designated elk license tag recipients and payment of elk license tag fees by check, money order, or credit card authorization in the amount specified by subsection 702(c)(1) to the department's regional office nearest the proposed cooperative elk hunting area, by the first business day following August 1.

   Region 1, 601 Locust Street, Redding 96001 (530) 225-2300

   Region 2, 1701 Nimbus Road, Rancho Cordova 95670 (916) 358-2900

   Region 3, 2825 Cordelia Rd., Suite 100, Fairfield 94594 (707) 428-2002

   Region 4, 1234 East Shaw Avenue, Fresno 93710 (559) 243-4005

   Region 5, 3883 Ruffin Rd., San Diego 92123 (858) 467-4201

   Region 6, 3602 Inland Empire Blvd., Ste. C-220, Ontario 91764 (909) 484-0167

3. (c) An elk license tag issued pursuant to the provisions of this section is valid only during the general elk season in which the cooperative elk hunting area occurs and shall only be used on land specified in the landowner's application. License tags are not transferable.
4. (d) All provisions of the Fish and Game Code and Title 14, CCR, relating to the take of birds and mammals shall be conditions of all license tags issued pursuant to this section.
5. (e) Any permit issued pursuant to Section 555 may be canceled or suspended at any time by the commission for cause after notice and opportunity to be heard, or without a hearing upon conviction of a violation of this regulation by a court of competent jurisdiction.

To encourage protection and enhancement of elk habitat and provide eligible landowners an opportunity for limited elk hunting on their lands, the department may establish cooperative elk hunting areas and issue license tags to allow the take of elk as specified in Section 364, and subject to the following conditions:

Note: Authority cited: Section 1575, Fish and Game Code. Reference: Sections 67, 713 and 1575, Fish and Game Code.

History

1. New section filed 6-27-2000; operative 6-27-2000 pursuant to Fish and Game Code sections 202 and 205 (Register 2000, No. 26).

2. Amendment filed 6-28-2002; operative 6-28-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 26).

3. Amendment of subsections (b) and (b)(3) and amendment of Note filed 6-12-2009; operative 7-1-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 24).

4. Amendment of subsections (a) and (b)(2) filed 6-24-2010; operative 6-24-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 26).

5. Amendment of section and Note filed 7-1-2024; operative 7-1-2024 pursuant to Government Code section 11343.4(b)(4)(A) (Register 2024, No. 27).