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(continued)
3. Low flow channel confinement shall be maximized by utilizing the low flow silt line, where available, in designing the vertical offset. The silt line measurement shall be taken on or before July 15th of any year unless an alternate date is approved, in advance, by the Department. The vertical offset shall be at least one foot. A larger vertical offset, as determined by the Department, may be necessary to maximize the low flow channel confinement.
4. Gravel bar stability shall be protected by minimizing extraction on the upstream one-third of gravel bars. No extraction shall be allowed in riffle sections. The Department shall review proposed gravel extraction plans during an annual site inspection and make specific recommendations to protect salmonid habitat.
5. Channel crossing construction shall not begin before June 15. Removal of channel crossings shall be completed by September 30. If temporary culverts are installed, they will be installed in such a manner so that they will not impede the passing of fish up and down stream.
6. Large woody debris (LWD) shall be stockpiled before gravel extraction begins and redistributed on the gravel bar after the extraction site has been reclaimed at the end of the extraction season. To the extent possible, vehicular access onto gravel mining sites shall be controlled to minimize the loss of LWD from firewood collectors.
7. Trees exceeding 1 inch DBH shall not be removed, and clumps of smaller trees shall not be removed except by prior approval of the Department. The disturbance or removal of vegetation shall be minimized, shall not exceed that necessary to complete operations and shall be limited to areas where extraction has occurred within the past two years.
8. The project shall comply with Section 1601 or 1603 of the California Fish and Game Code, and a Lake or Streambed Alteration Agreement shall be obtained from the Department. Any measures identified by the Department as necessary to protect coho salmon shall be incorporated into the signed agreement and shall be fully implemented.


Exhibit D
Department of Fish and Game Fish Screening Criteria June 19, 2000

1. STRUCTURE PLACEMENT
A. Streams And Rivers (flowing water): The screen face shall be parallel to the flow and adjacent bankline (water's edge), with the screen face at or streamward of a line defined by the annual low-flow water's edge.
The upstream and downstream transitions to the screen structure shall be designed and constructed to match the back-line, minimizing eddies upstream of, in front of and downstream of, the screen.
Where feasible, this "on-stream" fish screen structure placement is preferred by the California Department of Fish and Game.
B. In Canals (flowing water): The screen structure shall be located as close to the river source as practical, in an effort to minimize the approach channel length and the fish return bypass length. This "in canal" fish screen location shall only be used where an "on-stream" screen design is not feasible. This situation is most common at existing diversion dams with headgate structures.
The National Marine Fisheries Service - Southwest Region "Fish Screening Criteria for Anadromous Salmonids, January 1997" for these types of installations shall be used.
C. Small Pumped Diversions: Small pumped diversions (less than 40 cubic-feet per second) which are screened using "manufactured, self-contained" screens shall conform to the National Marine Fisheries Service - Southwest Region "Fish Screening Criteria for Anadromous Salmonids, January 1997".
D. Non-Flowing Waters (tidal areas, lakes and reservoirs): The preferred location for the diversion intake structure shall be offshore, in deep water, to minimize fish contact with the diversion. Other configurations will be considered as exceptions to the screening criteria as described in Section 5.F. below. 2. APPROACH VELOCITY (Local velocity component perpendicular to the screen face
A. Flow Uniformity: The design of the screen shall distribute the approach velocity uniformly across the face of the screen. Provisions shall be made in the design of the screen to allow for adjustment of flow patterns. The intent is to ensure uniform flow distribution through the entire face of the screen as it is constructed and operated.
B. Self-Cleaning Screens: The design approach velocity shall not exceed:
1. Streams And Rivers (flowing waters) - Either:
a. 0.33 feet per second, where exposure to the fish screen shall not exceed fifteen minutes, or
b. 0.40 feet per second, for small (less than 40 cubic-feet per second) pumped diversions using "manufactured, self-contained" screens.
2. In Canals (flowing waters) - 0.40 feet per second, with a bypass entrance located every one-minute of travel time along the screen face.
3. Non-Flowing Waters (tidal areas, lakes and reservoirs) - The specific screen approach velocity shall be determined for each installation, based on the species and life stage of fish being protected. Velocities which exceed those described above will require a variance to these criteria (see Section 5.F. below).
(Note: At this time, the U.S. Fish and Wildlife Service has selected a 0.2 feet per second approach velocity for use in waters where the Delta smelt is found. Thus, fish screens in the Sacramento-San Joaquin Estuary should use this criterion for design purposes.)
C. Screens Which Are Not Self-Cleaning: The screens shall be designed with an approach velocity one-fourth that outlined in Section B. above. The screen shall be cleaned before the approach velocity exceeds the criteria described in Section B.
D. Frequency Of Cleaning: Fish screens shall be cleaned as frequently as necessary to prevent flow impedance and violation of the approach velocity criteria. A cleaning cycle once every 5 minutes is deemed to meet this standard.
E. Screen Area Calculation: The required wetted screen area (square feet), excluding the area affected by structural components, is calculated by dividing the maximum diverted flow (cubic-feet per second) by the allowable approach velocity (feet per second). Example:,
1.0 cubic-feet per second / 0.33 feet per second = 3.0 square feet
Unless otherwise specifically agreed to, this calculation shall be done at the minimum stream stage. 3. SWEEPING VELOCITY (Velocity component parallel to screen face)
A. In Streams And Rivers: The sweeping velocity should be at least two times the allowable approach velocity.
B. In Canals: The sweeping velocity shall exceed the allowable approach velocity. Experience has shown that sweeping velocities of 2.0 feet per second (or greater) are preferable.
C. Design Considerations: Screen faces shall be designed flush with any adjacent screen bay piers or walls, to allow an unimpeded flow of water parallel to the screen face. 4. SCREEN OPENINGS
A. Porosity: The screen surface shall have a minimum open area of 27 percent. We recommend the maximum possible open area consistent with the availability of appropriate material, and structural design considerations.
The use of open areas less than 40 percent shall include consideration of increasing the screen surface area, to reduce slot velocities, assisting in both fish protection and screen cleaning.
B. Round Openings: Round openings in the screening shall not exceed 3.96mm (5/32in). In waters where steelhead rainbow trout fry are present, this dimension shall not exceed 2.38mm (3/32in).
C. Square Openings: Square openings in screening shall not exceed 3.96mm (5/32in) measured diagonally. In waters where steelhead rainbow trout fry are present, this dimension shall not exceed 2.38mm (3/32in) measured diagonally.
D. Slotted Openings: Slotted openings shall not exceed 2.38mm (3/32in) in width. In waters where steelhead rainbow trout fry are present, this dimension shall not exceed 1.75mm (0.0689in). 5. SCREEN CONSTRUCTION
A. Material Selection: Screens may be constructed of any rigid material, perforated, woven, or slotted that provides water passage while physically excluding fish. The largest possible screen open area which is consistent with other project requirements should be used. Reducing the screen slot velocity is desirable both to protect fish and to ease cleaning requirements. Care should be taken to avoid the use of materials with sharp edges or projections which could harm fish.
B. Corrosion And Fouling Protection: Stainless steel or other corrosion-resistant material is the screen material recommended to reduce clogging due to corrosion. The use of both active and passive corrosion protection systems should be considered.
Consideration should be given to anti-fouling material choices, to reduce biological fouling problems. Care should be taken not to use materials deemed deleterious to fish and other wildlife.
C. Project Review And Approval: Plans and design calculations, which show that all the applicable screening criteria have been met, shall be provided to the Department before written approval can be granted by the appropriate Regional Manager.
The approval shall be documented in writing to the project sponsor, with copies to both the Deputy Director, Habitat Conservation Division and the Deputy Director, Wildlife and Inland Fisheries Division. Such approval may include a requirement for post-construction evaluation, monitoring and reporting.
D. Assurances: All fish screens constructed after the effective date of these criteria shall be designed and constructed to satisfy the current criteria. Owners of existing screens, approved by the Department prior to the effective date of these criteria, shall not be required to upgrade their facilities to satisfy the current criteria unless:
1. The controlling screen components deteriorate and require replacement (i.e., change the opening size or opening orientation when the screen panels or rotary drum screen coverings need replacing),
2. Relocation, modification or reconstruction (i.e., a change of screen alignment or an increase in the intake size to satisfy diversion requirements) of the intake facilities, or
3. The owner proposes to increase the rate of diversion which would result in violation of the criteria without additional modifications.
E. Supplemental Criteria: Supplemental criteria may be issued by the Department for a project, to accommodate new fish screening technology or to address species-specific or site-specific circumstances.
F. Variances: Written variances to these criteria may be granted with the approval of the appropriate Regional Manager and concurrence from both the Deputy Director, Habitat Conservation Division and the Deputy Director, Wildlife and Inland Fisheries Division. At a minimum, the rationale for the variance must be described and justified in the request.
Evaluation and monitoring may be required as a condition of any variance, to ensure that the requested variance does not result in a reduced level of protection for the aquatic resources.
It is the responsibility of the project sponsor to obtain the appropriate fish screen criteria as provided herein. Project sponsors should contact the Department of Fish and Game, the National Marine Fisheries Service (for projects in marine and anadromous waters) and the U.S. Fish and Wildlife Service (for projects in anadromous and fresh waters) for guidance.
Copies of the criteria are available from the Department of Fish and Game through the appropriate Regional office, which should be the first point of contact for any fish screening project.
Northern California and North Coast Region; 601 Locust Street, Redding, CA 96001 - (530) 225-2300.
Sacramento Valley and Central Sierra Region; 1701 Nimbus Drive, Rancho Cordova, CA 95670 - (916) 358-2900.
Central Coast Region; 7329 Silverado Trail/P.O. Box 46, Yountville, CA 94599 - (707) 944-5500.
San Joaquin Valley-Southern Sierra Region; 1234 E. Shaw Avenue, Fresno, CA 93710 - (209) 243-4005.
South Coast Region; 4649 View Crest Avenue, San Diego, CA 92123 - (619) 467- 4201.
Eastern Sierra and Inland Deserts Region; 4775 Bird Farms Road, Chino Hills, CA 91709 - (909) 597-9823.
Marine Region; 20 Lower Ragsdale Drive, #100, Monterey, CA 93940 - (831) 649- 2870.
Technical assistance can be obtained directly from the Habitat Conservation Division; 1416 Ninth Street, Sacramento, CA 95814 - (916) 653-1070.
The National Marine Fisheries Service - Southwest Region "Fish Screening Criteria for Anadromous Salmonids, January 1997" are also available from their Southwest Region; 777 Sonoma Avenue, Room 325, Santa Rosa, CA 95402 - (707) 575-6050.


s 749.2. Incidental Take of Xantus's Murrelet (Synthliboramphus hypoleucus) During Candidacy Period.


Note: Authority cited: Sections 200, 202, 205, 240 and 2084, Fish and Game Code. Reference: Sections 200, 202, 205, 240, 2080, 2084 and 2085, Fish and Game Code.

s 750. Authority.
These regulations are prescribed by the Director of the California Department of Fish and Game, the California Fish and Game Commission, and the California Wildlife Conservation Board, hereafter referred to as Fish and Game, under authority granted in Public Resources Code Section 21082 to implement, interpret, or make specific Sections 21000 through 21176 of the Public Resources Code (The California Environmental Quality Act of 1970 -Division 13, Public Resources Code, 21000 et seq.) and Sections 15000 through 15203 of the California Administrative Code (Guidelines for Implementation of the California Environmental Quality Act of 1970 -Division 6, Title 14, Cal. Adm. Code, Chap. 3) adopted by the California Resources Agency under Public Resources Code Section 21083.


Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.

s 751. Short Title.
Fish and Game CEQA Implementation Regulations.


Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.

s 752. Purpose.
The purpose of these regulations is to further specify the objectives and criteria, and the procedures to be followed by Fish and Game in implementing the California Environmental Quality Act of 1970, hereinafter referred to as CEQA, and the Guidelines for Implementation of the California Environmental Quality Act of 1970, as adopted February 7, 1973 and all subsequent amendments thereto, hereinafter referred to as the State EIR Guidelines.
The State EIR Guidelines are incorporated into these regulations by reference, as though they are set out in full. These procedural regulations are to be used in conjunction with the State EIR Guidelines.


Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.

s 753. Policy.
As early as possible and in all cases prior to a decision concerning a project as defined in CEQA and the State EIR Guidelines, Fish and Game, acting as a lead agency (Section 21080.3 and 21080.4 of CEQA, Section 15030 of the State EIR Guidelines), or an agency with jurisdiction by law to exercise authority over natural resources which may be affected by the project (Section 21080.3 and 21080.4 of CEQA) will, in consultation with the public and appropriate federal, state, and local agencies, assess in detail the potential environmental impact of a project in order that adverse effects are avoided, and environmental quality is preserved, restored or enhanced to the fullest extent practicable. Project alternatives that will minimize significant adverse impact will be explored and evaluated in order to avoid to the fullest extent practicable undesirable consequences to the environment.
It is Fish and Game policy that consideration of the potential environmental impact of all actions is of the highest priority.
It is further Fish and Game policy to involve affected federal, state, and local agencies, private organizations, and members of the public to the fullest extent practicable in the environmental impact assessment process.


Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.

s 753.5. Collection of Filing Fees.
(a) Fee Schedule (also see subsection 753.5(g) of these regulations).
(1) Statutorily Exempt Projects: All projects statutorily exempt from the provisions of the California Environmental Quality Act shall incur no fee. (See sections 15260-15277, title 14, CCR.)
(2) Categorically Exempt Projects: All projects categorically exempt by regulations of the Secretary for Resources from the provisions of the California Environmental Quality Act shall incur no fee. (See sections 15300-15329, title 14, CCR.)
(3) De Minimis Projects: All projects found by the lead agency to be de minimis in their effect on fish and wildlife shall incur no fee. (See subsection 753.5(c) of these regulations).
(4) Negative Declaration Projects: All projects for which a Negative Declaration has been prepared pursuant to section 21080(c) of the Public Resources Code shall incur a fee of $1,250.00. (See subsection 753.5(c) of these regulations).
(5) Environmental Impact Report Projects: All projects for which an Environmental Impact Report has been prepared pursuant to section 21151 of the Public Resources Code shall incur a fee of $850.00. (See subsection 753.5(c) of these regulations).
(b) Parties Responsible for Payment of Fees.
Pursuant to subdivision 711.4(c) of the Fish and Game Code, all project applicants subject to the California Environmental Quality Act shall pay a filing fee for each project for which an EIR or Negative Declaration has been approved. In the case of projects subject to the discretionary approval of local government or nonstate public agencies the following regulations apply:
(1) Local or Non-state Public Agencies Undertaking a Project: When a local or non-state public agency acts in its own proprietary capacity in undertaking a project, the local agency or non-state public agency, shall be considered to be the applicant (section 15351, title 14, CCR) and be required to remit the fee.
(2) Private Entities or Special Districts Proposing Projects Subject to Environmental Review and Discretionary Approval by Local Government: When local land use authorities are granting a license, permit or entitlement to project applicants, the Private entity or special district shall be considered to be the applicant and be required to remit the fee.
(c) Fee Exemption for De Minimis Impact Finding.
Notwithstanding subsections (a)(4) and (5), if the lead agency (as defined by section 21067 of the Public Resources Code) finds that, considering the record as a whole a project involves no potential for adverse effect, either individually or cumulatively on wildlife (as defined by section 711.2 of the Fish and Game Code), no fee is required. A lead agency claiming a de minimis exemption shall comply with the following provisions:
(1) The lead agency's findings of fact shall include the following information in order to qualify for a de minimis exemption:
(A) The name and address of the project proponent;
(B) A brief description of the project and its location, including county:
(C) A statement that an initial study has been conducted by the lead agency so as to evaluate the potential for adverse environmental impact; and
(D) A declaration that when considering the record as a whole there is no evidence before the agency that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends.
(E) A declaration that the lead agency has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in these regulations at subsection (d).
(2) At the time a lead agency approves or determines to carry out a project subject to the California Environmental Quality Act, it shall complete, if appropriate, a Certificate of Fee Exemption (DFG 753.5 - 5/91) and adopt the findings of fact described above in subsection (c)(1).
(3) Upon certification of the contents of the Certificate of Fee Exemption (DFG 753.5 - 5/91) by the chief planning official, the lead agency shall retain the original certificate as part of the environmental record and file two copies of the certificate with the county clerk along with the Notice of Determination as provided in section 21152 of the Public Resources Code pertaining to local agencies, or with the Office of Planning and Research as provided in section 21108 of the Public Resources Code, pertaining to state agencies.
(d) Presumption of Adverse Effect.
(1) If the Environmental Checklist form found in the Secretary for Resources' guidelines (14 CCR, section 15000 et seq., Appendix I) or the initial study conducted by the lead agency indicates that the project may or will in the lead agency's opinion result in chances to the resources listed in subsections (A) through (G) below, it is presumed, unless rebutted by substantial evidence in the record, that the project will have a potential for adverse effect on fish and wildlife resources or the habitat upon which the wildlife depends.
(A) Riparian land, rivers, streams, watercourses, and wetlands under state and federal jurisdiction;
(B) Native and non-native plant life and the soil required to sustain habitat for fish and wildlife;
(C) Rare and unique plant life and ecological communities dependent on plant life; and
(D) Listed threatened and endangered plant and animals and the habitat in which they are believed to reside.
(E) All species of plant or animals as listed as protected or identified for special management in the Fish and Game Code, the Public Resources Code, the Water Code or regulations adopted thereunder.
(F) All marine and terrestrial species subject to the jurisdiction of the Department of Fish and Game and the ecological communities in which they reside.
(G) All air and water resources the degradation of which will individually or cumulatively result in a loss of biological diversity among the plants and animals residing in that air and water.
(e) Collection Procedures for County Clerks.
(1) Each project proponent shall remit to the county clerk on or before the filing of Notice of Determination (see Public Resources Code, section 21152) the fee required under Fish and Game Code section 711.4(d). Without the appropriate fee, de minimis finding, statutory or categorical exemption (see subsection 753.5(a) of these regulations) the Notice of Determination is not operative, vested or final, shall not be accepted by the clerk and shall be returned to the lead agency with notification of fee requirement and a statement that, pursuant to section 21089(b) of the Public Resources Code "the project is not operative, vested, or final until the filing fees are paid."
(2) In the event of nonpayment of the documentary handling fee authorized under Fish and Game Code, section 711.4, the county clerk shall have the discretion to not accept a filing until the handling fee is paid. Upon rejection of any filing under this subsection, the clerk may return the Notice of Determination to the lead agency with notification of fee requirement.
(3) Only one fee shall be paid per project. In the event a project requires multiple Notices of Approval or Determination by lead and/or responsible agencies, the fee shall be paid at the time or before the lead agency files the Notice of Approval or first Notice of Determination. Upon payment, the applicant shall retain the receipt for presentation to any additional agencies whose approval may be required. A copy of that receipt shall be attached to any additional Notices of Determination that may be required for the same project. This copy shall suffice as documentation that the fee has been paid.
(4) All checks are to be payable to the county where the filing is made. The county in turn will deposit the checks into its treasury and remit the fees collected to the State Treasurer on a monthly basis.
(5) To maintain accountability and to track all project applications, the Department has developed press numbered Environmental Filing Fee Cash Receipts (DFG 753.5a - 5/91). These cash receipts, or a Department approved alternative cash receipt, must be used in conjunction with this collection procedure. (To obtain Department approval the substitute receipt must provide the same information as in DFG.753.5a - 5/91 and contain four copies for distribution.) The original receipt is to be issued to a project applicant when payment is made in conjunction with filing a Notice of Determination (Public Resources Code, section 21152). The second copy is to be submitted to the Department on a monthly basis. The remaining copies will be retained by the county (one for the lead agency and one for the county clerk).
(6) For projects that are categorically exempt (sections 15260-15277, or 15300-15329, title 14, CCR) and are filed with the county clerk, the Environmental Filing Fee Cash Receipt shall also be completed and attached to the Notice of Exemption in order to ensure accountability in section 753.5(e)(5) above. The cash receipt will indicate "project that is exempt from fees". If a documentary handling fee of $25.00 maximum is charged by the county clerk, the receipt shall so indicate.
(7) For projects that the lead agency has found to be de minimis it is mandatory that a copy of the Certificate of Fee Exemption, certified by the lead agency's chief planning official be attached to the Notice of Determination.
(8) Within 30 days after the end of each month in which the filing fees are collected, each county will summarize and record the amount collected on the monthly State of California Form No. CA 25 (TC 31) report (available from State Controller's office) and remit the amount collected to the State Treasurer. IDENTIFY THE REMITTANCE ON THE STATE OF CALIFORNIA FORM NO. CA 25 (TC 31) AS "ENVIRONMENTAL DOCUMENT FILING FEES" PER FISH AND GAME CODE SECTION 711.4. DO NOT COMBINE THE ENVIRONMENTAL FEES WITH THE STATE SHARE OF FISH AND GAME FINES. The following documents are to be mailed by the county clerks to the Department of Fish and Game, Fiscal and Administrative Services Branch, 1416 Ninth Street. Box 944209, Sacramento, California 94244-2090, on a monthly basis:
(A) A photocopy of the monthly State of California Form No. CA 25 (TC 31);
(B) Department copies of all cash receipts (including all voided receipts);
(C) A copy of all "Certificates of Fee Exemption";
(D) A copy of all Notices of Approval or Determination filed with the county during the preceding month; and
(E) Name, address and telephone number of all project applicants for which a Notice of Determination has been filed. If this information is contained on the cash receipt filed with the Department under section 753.5(e)(5) above, no additional information is required.
(f) Retention of Records.
In order to ensure that records are available for Department audit and accountability purposes, the documents required by these regulations (section 753.5(e)(8)(A) through (E)) shall be retained for a period of 9 months. The county clerk shall make available to the Department, and its representatives, for purposes of inspection and review, any and all of its books, papers, documents and other records. The aforesaid records shall be available for inspection and review during regular business hours.
(g) Cost Recovery by County Clerks.
(1) The county clerk is authorized pursuant to Fish and Game Code, section 711.4(e) to charge a documentary handling fee for each environmental document received by the clerk pursuant to Public Resources Code section 21152(a) or 21152(b).
(2) If the county is acting in its capacity as a "lead agency" and the costs of complying with these filings and remittance activities exceeds $25.00 per document, the county clerk is authorized under Public Resources Code, Section 21089 to charge and recover the estimated costs incurred by the clerk at the time the lead agency files the Notice of Determination or Exemption as required under Public Resources Code, section 21152.
(h) Collection Procedures - Statutory Assessment.
(1) Unpaid Fee Defined - An unpaid fee shall for the purposes of this regulation be defined as either of the following:
(A) In the event a project applicant fails to remit the fees due under Fish and Game Code section 711.4(d) to the county clerk on or before the time of filing of a Notice of Determination pursuant to Public Resources Code section 21152; or with the Office of Planning and Research as required under Public Resources Code section 21108; or with the Secretary for Resources as required under Public Resources Code section 21080.5;
(B) If the filing of a de minimis exemption where the legal presumption has not in the judgment of the Department been rebutted by substantial evidence in the record.
(2) If the county clerk, the Office of Planning and Research, or Secretary for Resources accepts the Notice of Determination without the required filing fee, the unpaid fee is a statutory assessment and such assessment is final pursuant to Revenue Taxation Code section 6757(b)(4) upon the date the county clerk, the Office of Planning and Research, or the Secretary for Resources accepts the Notice of Determination/Approval without the required Environmental Filing Fee.
(3) If the county clerk accepts a Notice of Determination for filing with a de minimis exemption certificate and the Department of Fish and Game, upon audit of the record of environmental filings received, determines that the legal presumption of adverse effect was not rebutted by substantial evidence, the Department of Fish and Game shall notice the project applicant and upon 20 days from mailing of the notice the unpaid fee shall then become a final statutory assessment pursuant to Revenue and Taxation Code, section 6757(b)(4).
(4) Enforceable Lien - Upon non-payment of the Environmental Filing Fee as required under Fish and Game Code section 711.4(d) by any person as defined under Revenue and Taxation Code, section 6005, the amount of the liability including penalties, interest, and any costs shall thereupon be a perfected and enforceable statutory lien subject to chapter 14 commencing with section 7150 of the Government Code.


Note: Authority cited: Sections 702 and 711.4, Fish and Game Code. Reference: Sections 702, 710.5, 711.4 and 1607, Fish and Game Code.

s 754. Environmental Review Procedures.
The following procedures shall be used when Fish and Game has been designated as the lead agency pursuant to the State EIR Guidelines. (Sec. 15065).


Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.

s 755. Determination of Lead Unit.
The Fish and Game unit having the lead role for the environmental evaluation process shall be that unit with the primary responsibility for proposing to carry out or recommending approval of a project, and shall have responsibility for ensuring that the evaluation process as set forth in CEQA, the State EIR Guidelines, and these procedures is followed. In the event that a project requires joint proposal or approval of two or more Fish and Game units, then the unit executives shall meet and determine which shall be the lead unit, and what information and other assistance shall be provided by the other responsible units. (Sec. 15065).


Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.

s 756. Applicability of CEQA.
The lead unit shall determine whether or not a proposed action is in fact a "project" as defined by CEQA, and necessitates CEQA compliance. (Sec. 15037).
"Project" means the whole of an action which has a potential for resulting in a direct or indirect physical change in the environment as follows:
(a) Activities directly undertaken by Fish and Game;
(b) Activities undertaken by a person which are supported in whole or in part through contracts, grants, subsidies, loans or other forms of assistance provided by Fish and Game;
(c) Activities involving the issuance to Fish and Game of a lease, permit, license, certificate or other entitlement for use by one or more public agencies.


Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.

s 757. Exempt Projects.
Planning and feasibility studies, ministerial projects, and classes designated by the State EIR Guidelines as "Categorical exemptions" are considered exempt from the provisions of CEQA. It is further modified by the State EIR Guidelines to exclude emergencies (Section 15071), legislative proposals (Section 15037(b)(2)), continuing administrative or maintenance activities (Section 15037(b)(3)), and "where it can be seen with certainty that the activity in question will not have a significant effect on the environment" (Section 15060). In addition, these guidelines are not applicable to those Fish and Game Commission programs or activities that are exempted from CEQA through certification by the Secretary for Resources under the provisions of Section 21080.5 CEQA.
The lead unit shall determine which projects are exempt and shall prepare a Notice of Exemption. This notice shall be forwarded from the lead unit to ESB for review, and from there to the Director's office. If the exemption is approved, it shall then be forwarded and filed with the Resources Agency. The filing of a notice of exemption starts a 35 day statute of limitations period on legal challenges. A copy shall be filed in ESB files and a copy returned to the lead unit. If the exemption is not approved, the lead unit will be notified. Specific exemptions include:
(a) Feasibility and Planning Studies. Feasibility and planning studies are exempted by Section 21102 of CEQA. This section provides that funds shall not be requested or authorized for any project, other than a project involving only feasibility or planning studies for possible future actions not approved, adopted, or funded, which may have a significant effect on the environment, unless an impact report has been prepared. However, environmental factors are to be considered during such studies.
(b) Ministerial Projects. Ministerial projects are exempted from CEQA by Section 21080(b). Ministerial projects, as defined in the Section 15032 of the State EIR Guidelines, include those activities defined as projects which are undertaken or approved by a governmental decision which a public officer or public agency makes upon a given state of facts in a prescribed manner in obedience to the mandate of legal authority. The following activities of Fish and Game are hereby considered to be ministerial projects as authorized by Section 15192(b) of the State EIR Guidelines:
(1) Issuance of fishing and hunting licenses, stamps, and tags, falconry licenses, and trapping licenses;
(2) Actions concerning enforcement of the Fish and Game Code and other State laws;
(3) Licensing of pheasant clubs, commercial hunting clubs, and domesticated migratory waterfowl shooting areas;
(4) Issuance of the following permits: domesticated fish breeder's permit; fish transportation permit; suction dredge permit; fish importation permit; private fish stocking permit; depredation permit; explosives permit; scientific collecting permit; bird banding permit; migratory waterfowl feeding permit; permit to import and possess prohibited species of wild animals; permit for Indians to transport game off reservations; permit for Commission approval for taking of deer; permit to take or herd birds or mammals with the aid of vehicles or aircraft.
Other projects may be ministerial and the determination of this status shall be made by Fish and Game on a case-by-case basis, depending upon analysis of the laws relevant to the project.
(c) Categorical Exemptions. Categorical exemptions are those classes of projects which are exempted from the requirements of CEQA, through adoption by the Secretary for Resources (Public Resources Code Section 21084). These exemptions have been made upon a finding that the projects will have no significant effect on the environment. This finding has been made as stated in Section 15100 et seq. of the State EIR Guidelines. Classes concerning Fish and Game and particular projects to which they apply are as follows:
(1) Class 1: Existing Facilities. Class 1 consists of the operation, repair, or maintenance or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing, including but not limited to:
(A) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances;
(B) Existing streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities except where the activity will involve removal of a scenic resource including but not limited to a stand of trees, a rock outcropping, or an historic building;
(C) Restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood;
(D) Additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structure before the addition or alteration, or 2,500 square feet, whichever is less; or, 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and, the area in which the project is located is not environmentally sensitive;
(E) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features (including navigational devices) where these devices do not have or result in an adverse environmental impact;
(F) New copy on existing on-and-off-premise signs;
(G) Maintenance of existing landscaping, native growth and water supply reservoirs (including the use of economic poisons, as defined in Division 7, Chapter 2, California Agriculture Code);
(H) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife watering devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources;
(I) Production and stocking of fish and wildlife but not including the introduction of new species;
(J) Demolition and removal of individual small structures listed in this subsection except where the structures are of historical, archaeological or architectural significance:
1. Single family residences not in conjunction with the demolition of two or more units;
2. Apartments and duplexes designed for not more than four dwelling units if not in conjunction with the demolition of two or more such structures;
3. Offices, if designed for an occupant load of 10 persons or less, if not in conjunction with the demolition of two or more such structures;
4. Accessory (appurtenant) structures including but not limited to garages, carports, roof structures, workshops, storage buildings, well houses, aerators, feed bins, fences, patios and public restroom facilities;
(K) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources.
(2) Class 2: Replacement or Reconstruction. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to:
(A) Fish hatcheries;
(B) Office buildings;
(C) Residences;
(D) Streamflow maintenance dams;
(E) Public restroom facilities;
(3) Class 3: New Construction of Small Structures. Class 3 consists of construction and location of single, new facilities or structures and installation of new equipment and facilities including but not limited to:
(A) Single family residences not in conjunction with the building of two or more such units.
(B) Offices and laboratories if designed for an occupant load of 20 persons or less if not in conjunction with the building of two or more such structures.
(C) Accessory (appurtenant) structures including garages, carports, public restroom facilities, workshops, storage buildings, feed bins, roof structures, aerators, and well houses.
(4) Class 4: Minor Alterations to Land. Class 4 consists of minor public or private alterations in the condition of land, water and/or vegetation which do not involve removal of mature, scenic trees except for forestry and agricultural purposes. Examples include but are not limited to:
(A) Grading on land with a slope of less than 10 percent or under one acre, except where it is to be located in a waterway, in any wetland, in an officially designated (by Federal, State, or local governmental action) scenic area, in officially mapped areas of severe geologic hazard, or, in the habitat of a rare or endangered species of fish or wildlife;
(B) New gardening or landscaping but not including tree removal;
(C) Filling of earth into previously excavated land with material compatible with the natural features of the site;
(D) Minor alterations in land, water and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production;
(E) Minor temporary uses of land having negligible or no permanent effects on the environment.
(5) Class 5: Alterations in Land Use Limitations. Class 5 consists of minor alterations in land use limitations in areas with less than a 20% slope, which do not result in any changes in land use or density, including but not limited to:
(A) Minor lot line adjustments, side yard and set back variances not resulting in the creation of any new parcel;
(B) Issuance of minor encroachment permits;
(C) Reversion to acreage in accordance with the Subdivision Map Act.
(6) Class 6: Information Collection. Class 6 consists of basic data collection, research, experimental management and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be for strictly information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted or funded, including but not limited to:
(A) Fish and wildlife life history studies, including collection or marking of animals and obtaining data on the vital statistics of fish and wildlife populations and their use by man;
(B) Measurement and monitoring of pesticides, heavy metals, thermal discharges, and other pollutants, including bioassays and testing of oil spill cleanup agents;
(C) Experimental development and evaluation of fish and wildlife habitat;
(D) Experimental introduction of exotic species, experimental fish and wildlife culture and stocking, and transplants of native and established species;
(E) Evaluation of the effects of fish and wildlife protection or enhancement facilities or measures (e.g. fish screens, vegetation removal from spawning areas, deer escape devices in canals);
(F) Research on fish and wildlife diseases and parasites;
(G) Studies of the impact of land and water use changes on fish and wildlife;
(H) Habitat inventory programs.
(7) Class 7: Actions by Regulatory Agencies for Protection of Natural Resources. Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Examples include but are not limited to:
(A) Actions to close areas to hunting and sport fishing;
(B) Approval of ecological reserves and wildlife management areas (but not acquisition or development);
(C) Elimination or control of undesirable species, including chemical treatment of streams, lakes and reservoirs;
(D) Vegetation development, manipulation, or fertilization to increase habitat productivity for fish and wildlife, including controlled burning;
(E) Botulism and other disease control measures;
(F) Development of springs and waterholes and artificial wildlife watering devices for fish and wildlife maintenance or enhancement purposes.
Construction activities are not included in this exemption.
(8) Class 8: Actions by Regulatory Agencies for Protection of the Environment. Class 8 consists of actions taken by regulatory agencies as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities are not included in this exemption.
(9) Class 9: Inspections. Class 9 consists of activities limited entirely to inspection, to check for performance of an operation, or quality, health or safety of a project, including:
(A) Related activities such as inspection for possible mis-labeling, mis-representation or adulteration of products;
(B) Live freshwater fish and marine shellfish importation inspection;
(C) Fish disease inspection;
(D) Game bird farm inspections;
(E) Inspections of private and public zoological gardens.
(10) Class 10: Loans. Class 10 consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial institutions.
(11) Class 11: Accessory Structures. Class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to:
(A) On-premise signs;
(B) Small parking lots;
(C) Placement of seasonal or temporary use items such as portable restrooms, checking stations, or other facilities designed for public use.
(12) Class 12: Surplus Government Property Sales. Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide interest or potential area of critical concern as identified in the Governor's Environmental Goals Policy Report prepared pursuant to Government Code 65041 et seq. However, if the surplus property to be sold is located in those areas identified in the Governor's Environmental Goals and Policy Report, its sale is exempt if:
(A) The property does not have significant values for wildlife habitat or other environmental purposes; and,
(B) Any of the following conditions exist:
1. The property is of such size or shape that it is incapable of independent development or use, or
2. The property to be sold would qualify for an exemption under any other class of categorical exemption in Article 8 of these guidelines, or
3. The use of the property and adjacent property has not changed since the time of purchase by the public agency.
(13) Class 13: Acquisition of Lands for Wildlife Conservation Purposes. Class 13 consists of the acquisition of lands for fish and wildlife conservation purposes including preservation of fish and wildlife habitat, establishing ecological reserves under Fish and Game Code Section 1580, and preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition.
(14) Class 14: Minor Additions to Schools. Class 14 consists of minor additions to existing schools within existing schoolgrounds where the addition does not increase original student capacity by more than 25% or five classrooms, whichever is less. The addition of portable classrooms is included in this exemption.
(15) Class 15: Minor Land Divisions. Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have a slope greater than 20%.
(16) Class 16: Transfer of Ownership of Land in Order to Create Parks. Class 16 consists of the acquisition or sale of land in order to establish a park where the land is in a natural condition or contains historic sites or archaeological sites and either:
(A) The management plan for the park has not been prepared, or
(B) The management plan proposes to keep the areain a natural condition or preserve the historic or archaeological site. CEQA will apply when a management plan is proposed that will change the area from its natural condition or significantly change the historic or archaeological site. (continued)