Cal. Code Regs. tit. 14 § 146

Current through Register 2024 Notice Reg. No. 42, October 18, 2024

Section 146 - Sampling Methods

Samples taken pursuant to this section establish a rebuttable presumption that the sampling results are evidence of the true condition of the entire load or lot in the examination of which the sample was taken. The presumption established by this section is a presumption affecting the burden of proof.

(a) In sampling loads or lots of fish to determine species or size composition by number or weight, a minimum of five subsamples shall be taken at reasonable intervals throughout the unloading process. The department shall prescribe methods of selecting samples which shall be reasonably calculated to produce by such sampling fair representations of the composition of the entire load or lot which is sampled.

(b) To insure reasonable calculation of fair representation of composition, subsamples shall be taken to provide that the following minimum sample sizes are attained when dealing with the prescribed percentage tolerances:

*Percentage Tolerance*	*Minimum Total Sample Size (in number of fish)*

50%	378
40%	363
30%	318
25%	284
18%	223
15%	193

(c) Samples shall be taken and evaluated by deputized Wildlife Protection personnel or other designated personnel trained and certified by the department to conduct sampling activities established pursuant to this section.

Cal. Code Regs. Tit. 14, § 146

1. New Section filed 7-7-55 as an emergency; effective upon filing (Register 55, No. 10).
2. Amendment filed 4-21-60; effective thirtieth day thereafter (Register 60, No. 9).
3. Amendment filed 1-4-66; effective thirtieth day thereafter (Register 66, No. 1).
4. Repealer and new section filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).

Note: Authority cited: Sections 7701, 7702, 7708 and 8189, Fish and Game Code. Reference: Sections 7700- 7710.5, 8075- 8080 and 8180- 8189, Fish and Game Code.