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(17) Class 17: Open Space Contracts or Easements. Class 17 consists of the establishment of agricultural preserves, the making and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to maintain the open space character of the area. The cancellation of such preserves, contracts, interests or easements is not included.
(18) Class 18: Designation of Wilderness Areas. Class 18 consists of the designation of wilderness areas under the California Wilderness System.
(19) Class 19: Annexations of Existing Facilities and Lots for Exempt Facilities. Class 19 consists of only the following annexations:
(A) Annexations to a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities.
(B) Annexation of individual small parcels of the minimum size for facilities exempted by Section 15103, New Construction of Small Structures.
(20) Class 20: Changes in Organization of Local Agencies. Class 20 consists of changes in the organization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. Examples include but are not limited to:
(A) Establishment of a subsidiary district;
(B) Consolidation of two or more districts having identical powers;
(C) Merger with a city of a district lying entirely within the boundaries of the city.
(21) Class 21: Enforcement Actions by Regulatory Agencies. Class 21 consists of actions by regulatory agencies to enforce or revoke a lease, permit, certificate, or other entitlement for use issued, adopted or prescribed by the regulatory agency of law, general rule, standard, or objective, administered or adopted by the regulatory agency. Such actions include, but are not limited to, the following:
(A) The direct referral of a violation of lease, permit, license, certificate, or entitlement for use or of a general rule, standard, or objective to the Attorney General, District Attorney, or City Attorney as appropriate, for judicial enforcement.
(B) The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective.
Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption.
(22) Class 22: Educational or Training Programs Involving No Physical Changes. Class 22 consists of the adoption, alteration, or termination of educational or training programs which involve physical changes only in the interior of existing school or training structures. Examples include, but are not limited to:
(A) Development of or changes in curriculum or training methods;
(B) Changes in the grade structure in a school which do not result in changes in student transportation.
(23) Class 23: Normal Operations of Facilities for Public Gatherings. Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same kind of purpose. Facilities included within this exemption include, but are not limited to racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools and amusement parks.
(24) Class 24: Regulation of Working Conditions. Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following:
(A) Employee wages;
(B) Hours of work; or
(C) Working conditions where there will be no demonstrable physical changes outside the place of work.
(25) Class 25: Transfers of Ownership of Interests in Land to Preserve Open Space. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space. Examples include but are not limited to:
(A) Acquisition of areas to preserve the existing natural conditions;
(B) Acquisition of areas to allow continued agricultural use of the areas;
(C) Acquisition to allow restoration of natural conditions;
(D) Acquisition to prevent encroachment of development into flood plains.
(26) Class 26: Acquisition of Housing for Housing Assistance Programs. Class 26 consists of actions by a redevelopment agency, housing authority, or other public agency to implement an adopted Housing Assistance Plan by acquiring an interest in housing units. The housing units may be either in existence or possessing all required permits for construction when the agency makes its final decision to acquire the units.
(27) Class 27: Leasing New Facilities. Class 27 consists of the leasing of a newly constructed or previously unoccupied privately owned facility by a local or state agency where the local governing authority determined that the building was exempt from CEQA. To be exempt under this section, the proposed use of the facility:
(A) Shall be in conformance with existing State plans and policies and with general, community, and specific plans for which an EIR or Negative Declaration has been prepared;
(B) Shall be substantially the same as that originally proposed at the time the building permit was issued;
(C) Shall not result in a traffic increase of greater than 10% of front access road capacity; and
(D) Shall include the provision of adequate employee and visitor parking facilities;
(E) Examples of Class 27 include but are not limited to:
1. Leasing of administrative offices in newly constructed office space;
2. Leasing of client service offices in newly constructed retail space;
3. Leasing of administrative and/or client service offices in newly constructed industrial parks.
All of the exemptions listed above are inapplicable if the cumulative impact over a period of time has a significant effect on the environment.
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 758. Initial Study.
If a project for which Fish and Game has assumed the role of Lead Agency is subject to the requirements of CEQA, and not found to be exempt, the lead unit shall conduct an Initial Study to determine if the project may have a significant effect on the environment unless the lead unit can determine that the project will clearly have a significant effect.
If any aspects of the project, either individually or cumulatively, may cause a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, then an EIR must be prepared. All phases of project planning, implementation, and operation must be considered in the Initial Study of the project. To meet the requirements of this section, the Lead Agency may use an Initial Study prepared pursuant to the National Environmental Policy Act. The purposes, contents, uses, submission of data, format and consultation required shall be in accordance with Section 15080 of the State EIR Guidelines.
Early consultation shall include all responsible agencies, agencies with legal jurisdiction over natural resources affected by the project, and appropriate Fish and Game personnel, including Regional Environmental Services Supervisors and/or Environmental Services Branch.
Information from the Initial Study and comments obtained through consultation shall assist the lead unit in determining whether or not the project may have a significant effect on the environment.
If any aspects of the project, either individual or cumulative, may cause a significant effect on the environment, and EIR must be prepared. If no significant effects are found, a Statement of Negative Declaration is required.
(a) Purposes. The purposes of an Initial Study are to:
(1) Identify environmental impacts;
(2) Enable modification of a project, mitigating adverse impacts before an EIR is written:
(3) Focus an EIR, if one is required, on potentially significant environmental effects;
(4) Facilitate environmental assessment early in the design of a project;
(5) Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment;
(6) Eliminate unnecessary EIRs.
(b) Contents. An Initial Study shall contain in brief form:
(1) A description of the project;
(2) An identification of the environmental setting;
(3) An identification of environmental effects by use of a checklist, matrix, or other method;
(4) A discussion of ways to mitigate the significant effects identified, if any;
(5) An examination of whether the project is compatible with existing zoning and plans;
(6) The name of the person or persons who prepared or participated in the Initial Study.
(c) Uses.
(1) The Initial Study shall be used to provide a written determination of whether a Negative Declaration or an EIR shall be prepared for a project.
(2) Where a project is revised in response to an Initial Study so that potential adverse effects are mitigated to a point where no significant environmental effects would occur, a Negative Declaration shall be prepared instead of an EIR. If the project would still result in one or more significant effects on the environment after mitigation measures are added to the project, an EIR shall be prepared.
(3) The EIR shall emphasize study of the impacts determined to be significant and can omit further examination of those impacts found to be clearly insignificant in the Initial Study.
(d) Submission of Data. If the project is to be carried out by a private person or private organization, Fish and Game may require such person or organization to submit data and information which will facilitate preparation of the Initial Study.
(e) Determining Significant Effect.
(1) The determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the public agency involved based to the extent possible on scientific and factual data. Prior to determining whether a Negative Declaration or Environmental Impact Report is required for a project, the lead unit will consult with all responsible agencies and all Trustee Agencies responsible for resources affected by the project as required by Section 15066(b) of the State EIR Guidelines. If a substantial body of opinion considers the effects of the project to be adverse, Fish and Game should prepare an EIR to explore the environmental effects involved.
(2) In evaluating the significance of the environmental effect of a project, the responsible Fish and Game unit shall consider both primary or direct and secondary or indirect consequences. Primary consequences are immediately related to the project (the construction of a new treatment plant may facilitate population growth in a particular area), while secondary consequences are related more to primary consequences than to the project itself (an impact upon the resource base, including land, air, water and energy use of the area in question may result from the population growth).
(f) Mandatory Findings of Significance. A project shall be found to have a significant effect on the environment if:
(1) The project has the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory.
(2) The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals;
(3) The project has possible environmental effects which are individually limited but cumulatively considerable. As used in this subsection, "cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects;
(4) The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly.
During this Initial Study, the lead unit should consult with other appropriate Fish and Game personnel, including Regional Environmental Services Supervisors and/or the Environmental Services Branch for assistance.
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 759. Preparation and Filing of Negative Declaration.
A Negative Declaration shall be prepared for a project which could potentially have a significant effect on the environment, but which Fish and Game finds on the basis of an Initial Study will not have a significant effect on the environment. Before completing a Negative Declaration, Fish and Game shall consult with all responsible agencies pursuant to Section 15066 of the State EIR Guidelines. This consultation shall be accomplished through transmittal of the results of the Initial Study to the agencies by a memorandum from the Director requesting their comments and recommendations on the proposed Negative Declaration. Coordination and staff assistance to the Lead Unit will be the responsibility of the Environmental Services Branch. The Negative Declaration shall include:
(a) A brief description of the project; including a commonly used name for the project, if any;
(b) The location of the project and the name of the project proponent;
(c) A finding that the project will not have a significant effect on the environment;
(d) An attached copy of the Initial Study documenting reasons to support the finding;
(e) Mitigation measures, if any, included in the project to avoid potentially significant effects.
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 760. Staff Review of Negative Declarations.
Immediately upon completion, two copies of a Draft Negative Declaration shall be submitted to the Environmental Services Branch (ESB) for review. ESB will review the document, coordinate with other Branches and Regions as appropriate, and forward the document and a letter of comment to the Director. This review will be completed within 10 days of receipt.
(a) If the document is acceptable, ESB will notify the lead unit. This unit will then prepare a Notice of Intent and a Draft Negative Declaration for transmittal to the Secretary for Resources, a Notice of Intent and 25 copies of the Draft Negative Declaration for transmittal to the local agency or clearinghouse, and copies of the Draft Negative Declaration, as appropriate, for transmittal to other involved units of the Department.
(b) If the document requires revisions, ESB will notify the lead unit. The responsible unit will make the appropriate revisions and resubmit the Draft Negative Declaration to ESB for the Director's approval.
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 761. Notice of Preparation.
Notice of the Preparation of Negative Declaration shall be provided to the public within a reasonable period of time prior to final adoption by the Department of the Negative Declaration. Notice shall be given to all organizations and individuals who have previously requested such notice, including responsible agencies and shall also be given by at least one of the following procedures:
(a) Publication by the public agency in a newspaper of general circulation in the area affected by the proposed project;
(b) Posting of notice by the public agency on and off site for a period of at least two weeks in the area where the project is to be located;
(c) Direct mailing to owners of property contiguous to the project. The alternatives for providing notice as specified above shall not preclude Fish and Game from providing additional notice by other means if it so desires, nor shall the requirements of this section preclude the Fish and Game from providing the public notice required herein at the same time and the same manner as public notice otherwise required by law for such project.
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 762. Notice of Determination.
After making a decision to carry out or approve a project for which a Negative Declaration has been prepared, the responsible unit shall file a Notice of Determination with a copy of the Negative Declaration attached. The Notice of Determination shall include:
(a) The decision of the agency to approve or disapprove the project;
(b) The determination of the agency whether the project will have a significant effect on the environment; and
(c) A statement that no EIR has been prepared pursuant to the provisions of CEQA.
The notice of determination shall be filed with the Secretary for Resources. The filing of the Notice of Determination with the Secretary for Resources starts a 30 day statute of limitations on court challenges to the approval under CEQA [Section 21167(b)].
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 763. State, Federal and Public Review.
Filing the Negative Declaration with the Secretary for Resources and State Clearinghouse shall provide an opportunity for Federal, State and local agencies and members of the public to respond to the findings. Copies of the Negative Declaration shall be available for public inspection upon request during normal Department working hours at 1416 Ninth Street, Sacramento, or may be requested through regional offices of the Department of Fish and Game. If no objections to the project are received within 45 days, the project will be approved, unless there has been a request for a specific reasonable extension of time. Within 10 days after project approval, a Notice of Determination shall be transmitted from the Director of the Department of Fish and Game to the Secretary of Resources.
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 764. Decision to Prepare an EIR.
If the Department of Fish and Game finds after an Initial Study that the project may have a significant effect on the environment, Fish and Game must prepare or cause to be prepared an Environmental Impact Report. An EIR should be prepared whenever it can be fairly argued on the basis of substantial evidence that the project may have a significant effect on the environment. An EIR should be prepared when there is serious public controversy concerning the environmental effect of a project. Controversy not related to an environmental issue does not require the preparation of an EIR.
The purpose of EIRs is set forth in Section 15012 of the State EIR Guidelines stating in part:
"An Environmental Impact Report is an informational document which, when fully prepared in accordance with the CEQA and these guidelines, will inform public decision-makers and the general public of the environmental effects of the projects they propose to carry out or approve."
(a) Early Consultation.
(1) Before completing a draft EIR consisting of the information specified in Sections 15141, 15142, and 15143 of the State EIR Guidelines, Fish and Game shall consult with all Responsible Agencies. In addition, if it has not already done so, Fish and Game should also consult directly with any person or organization it believes will be concerned with the environmental effects of the project. Many public agencies have found that early consultation solves many potential problems that would arise in more serious form later in the review process.
(2) For projects where federal involvement might require preparation of a federal EIS, Fish and Game should consult with the appropriate federal agency on the need for an EIS. If both an EIR and EIS are needed, the documents should be prepared jointly where federal regulations or procedures allow, or the EIR should be prepared pursuant to Section 15063 of the State EIR Guidelines. Preparation of a separate EIR and EIS for the same project should be avoided, if possible.
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 765. Contents of EIRs.
The contents of Draft EIRs and Final EIRs are prescribed in Sections 15140 and 15150 of the State EIR Guidelines. The title of a Draft EIR shall begin with the statement, "Draft Environmental Impact Report," followed by the project name.
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 766. Procedure.
In the preparation of a Draft EIR, as with the Initial Study, the author may consult with the Regional Environmental Services Supervisor and/or the Environmental Services Branch for assistance. When preparing an EIR for a non-governmental person, such person shall be required to submit data and information required by Sections 15141-15145 of the State EIR Guidelines. All such data and information may be submitted in the form of a Draft EIR, however, Fish and Game assumes responsibility for the adequacy and objectivity of the EIR.
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 767. Staff Review.
Immediately upon completion, two copies of a Draft shall be submitted to ESB for review. ESB will review the document, coordinate with other Branches and Regions as appropriate, and forward the document and a letter of comments to the Director. This review will be completed within 10 to 60 days of receipt, depending on the project scope.
(a) If the document is acceptable, ESB will notify the lead unit . This unit will then prepare a Notice of Intent and a Draft EIR for transmittal to the Secretary for Resources, a Notice of Intent and 25 copies of the Draft EIR for transmittal to the local agency or clearinghouse, and copies of the Draft EIR, as appropriate, for transmittal to other involved units of the Department.
(b) If the document requires revisions, ESB will notify the lead unit and resubmit the Draft EIR to the Director for approval.
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 768. Fees for the Preparation and Processing of EIRs.
When Fish and Game prepares and processes an EIR under the requirements of Section 15037(a)(2) or 15037(a)(3) of the State EIR Guidelines, an initial fee shall be levied and collected from the project proponent before undertaking the preparation of the EIR.
(a) The minimum initial fee shall be based upon Fish and Game's estimated expenses in preparing the EIR. A detailed account of the derivation of this estimate shall be provided to the project proponent.
(b) Fish and Game shall separately account for the initial fee collected and the changes thereto. The status of the account shall be provided to the project proponent at regular periodic intervals established by mutual agreement. If, during the preparation of the EIR, it is determined that the costs will exceed the initial fee, the project proponent shall be required to pay the additional amount in advance of the work funded thereby. A final accounting shall be rendered by Fish and Game after the Final EIR is considered and adopted.
(c) If in the final accounting the initial fee exceeds the actual costs incurred by Fish and Game for the preparation and processing of the EIR, the excess shall be refunded. If the actual costs exceed the amount of the initial fee, the project proponent shall be billed for the difference.
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 769. Advance Notice to Secretary for Resources.
A Notice of Completion and a copy of the Draft EIR shall be filed with the Secretary for Resources at least three working days before release of the draft EIR for state, federal and public review, in accordance with Section 15085(c) of 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 770. State, Federal and Public Review.
Filing the Draft EIR with the Secretary for Resources and State and local clearinghouses shall provide an opportunity for Federal, State and local agencies and members of the public to respond. EIRs shall be available for public inspection upon request during normal working hours at 1416 Ninth Street, Sacramento, or may be requested through Regional offices of the Department of Fish and Game. Copies shall be made available to the general public for the actual cost of reproducing such copies.
(a) In accordance with Section 15160 of the State Guidelines, Fish and Game shall provide a minimum of 45 calendar days between release of the Draft EIR and the final date for receipt of comments. ESB shall specify the length of the review period after considering the physical and environmental complexities of the proposed project. Unless there has been a request for a specific reasonable extension of time, only those comments received within the review period shall be considered.
(b) Whenever a public hearing is held on the project as a part of the review and approval process, hearings on the Draft EIR shall be included. In all other cases, the Director shall determine the need for public hearings on the Draft EIR in accordance with Section 15165 of the State Guidelines. Such public hearings shall not be held until at least 45 days after release of the Draft EIR for review and comment.
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 771. Final EIR Preparation.
Fish and Game lead unit shall evaluate significance of comments received and shall respond to those comments found to raise significant environmental points, and incorporate comments and responses in the Final EIR, in accordance with Sections 15085(d), 15085(e), and 15146(a) of the State EIR Guidelines.
(a) The form of the Final EIR shall be that deemed most appropriate by the Director. The title of a Final EIR shall begin with the statement, "Final Environmental Impact Report," followed by the project name. All comments and responses shall be either an attachment to the EIR or incorporated within a revised EIR in accordance with Section 15146(b) of the State Guidelines.
(b) In accordance with Section 15166 of the State EIR Guidelines, comments received shall be maintained in the files of Fish and Game for a reasonable period.
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 772. Final EIR Review.
In accordance with Sections 1060 and 1070 of the State Administrative Manual, the final EIR will be submitted with a second Notice of Completion to OPR, the Agency Secretaries, the State Library, and other appropriate public agencies. At least 14 days shall be allowed for these agencies to object to the adequacy with which the Final EIR met objections or recommendations made on the project during the review of the Draft EIR.
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 773. Processing of Final EIR.
As required by Section 15085(g) of the State Guidelines, the final EIR shall be presented to the Director of the department. The Director shall certify that the final EIR has been completed in compliance with CEQA and the State EIR Guidelines and that he has reviewed and considered the information contained in the EIR.
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 774. Findings.
Fish and Game shall not approve or carry out a project for which an environmental impact report has been completed which identifies one or more significant effects of the project unless the public agency makes one or more of the following written findings for each of those significant effects, accompanied by a statement of the facts supporting each finding.
(a) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the final EIR.
(b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
(c) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR.
These findings required by Section 774 shall be supported by substantial evidence in the record.
The finding in subsection (b) shall not be made if Fish and Game has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives.
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 775. Statement of Overriding Considerations.
In accordance with Section 15089 of the State EIR Guidelines, if a project is approved for which serious adverse environmental consequences have been identified in an EIR, a statement may be made identifying the other interests that warrant approval. If such a statement is made, it should be included in the record of the project approval and may be attached to the Notice of Determination.
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 776. Notice of Determination.
Within ten days after the decision on a project, Fish and Game shall file a Notice of Determination with the Secretary for Resources in accordance with Section 15085(g) of 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 777. Final EIR to Local Planning Agencies.
At the time of filing the Notice of Determination with the Secretary for Resources, Fish and Game shall file a copy of the final EIR with the local planning agencies as specified in Section 15085(i) of 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 777.5. Purpose.
(a) This Article sets forth the procedure governing the Department of Fish and Game's (the "Department") adoption of regulations which may have a significant effect on the environment.
(b) These regulations are adopted by the Department to implement the procedures provided for under California Public Resources Code section 21080.5, which exempts a regulatory program certified by the Secretary of the Resources Agency from certain requirements of the California Environmental Quality Act ( "CEQA"), when the regulatory program requires the preparation of a plan or other written documentation containing environmental information which is functionally similar to that required under CEQA.
(c) These regulations are adopted by the Department pursuant to the authority established by the Department's enabling legislation, as set forth in the California Fish & Game Code, including, but not limited to, section 702.
(d) If the Resources Agency declines to certify the regulatory program under California Public Resources Code section 21080.5, or if the Resources Agency revokes that certification, then this Article will no longer apply to the Department of Fish and Game's adoption of regulations.
Note: Authority cited: Section 702, Fish and Game Code. Reference: Section 21080.5, Public Resources Code.
s 777.6. Contents of Initial Statement of Reasons.
(a) When the Department proposes to adopt, amend, or repeal a standard or regulation that falls within Section 777.5(a), above, the Department shall prepare and make available an Initial Statement of Reasons to accompany the proposed Department regulations, as required by Government Code section 11346.2.
(b) In addition to the information required by Government Code section 11346.2, the Initial Statement of Reasons shall contain the following material:
(1) A description of the proposed regulations and any possible significant adverse effects of the proposed regulations on the environment. If there are no significant adverse effects, the description shall so state. Such statement shall be supported by documentation describing the possible effects that the Department examined in reaching its conclusion.
(2) A statement of feasible alternatives to the proposed regulations and mitigation measures available to substantially lessen any significant or potentially significant adverse effect of the proposed regulations on the environment; or a statement that, because the Department's review of the proposed regulations showed that the proposed regulations would not have any significant or potentially significant effects on the environment, no alternatives or mitigation measures are proposed to avoid or reduce significant effects on the environment. Such statement shall be supported by documentation describing the possible effects that the Department examined in reaching its conclusion.
Note: Authority cited: Section 702, Fish and Game Code. Reference: Section 21080.5(d)(2), Public Resources Code.
s 777.7. Circulation of Notice and Initial Statement of Reasons; Solicitation of Comments and Consultation with Agencies Which Have Jurisdiction by Law; Subsequent Notices.
(a) The Initial Statement of Reasons and the proposed regulations shall be available for review and comment by other public agencies and the general public, as required by Government Code section 11346.8. The public review period shall be at least forty-five (45) days.
(b) Notice of the proposed action and availability of the Initial Statement of Reasons and the proposed regulations shall be mailed and published at least 45 days before the close of the public comment period, as required by Government Code section 11346.4. Such notice shall comply with Government Code section 11346.5 and shall include a request for input by the public and other public agencies.
(c) After the Notice is published, the Department shall consult with all other public agencies which have jurisdiction by law with respect to the activities involved in the proposed regulations.
(d) If changes or additions to the proposed regulations are made or if material is added to the record, subsequent notice and opportunity for comment by the public and other public agencies shall be provided as required by Government Code section 11346.8.
Note: Authority cited: Section 702, Fish and Game Code. Reference: Section 21080.5(d)(2)(iii) and (iv), Public Resources Code.
s 777.8. Evaluation and Adoption of Proposed Regulations.
(a) When preparing the Initial Statement of Reasons, the Department shall evaluate proposed regulations for consistency with the Department's enabling legislation. The Department's evaluation shall be set forth in writing in the Initial Statement of Reasons.
(b) When evaluating proposed regulations, the Department shall utilize an interdisciplinary approach that will ensure the integrated use of the natural and social sciences in decision making, consistent with the environmental protection purposes of the Department's enabling statute. The evaluation shall address both short-term and long-term effects on the environment, and shall also address growth-inducing effects and any potential cumulative effects.
(c) Any proposed regulations for which significant adverse environmental effects have been identified during the review process shall not be approved or adopted as proposed if there are feasible mitigation measures or feasible alternatives available which would avoid or substantially lessen any significant adverse effect which the proposed regulations may have on the environment, in accordance with Public Resources Code section 21081.
(d) If the analysis identifies significant adverse environmental effects for which feasible mitigation measures are not available, it shall also include a statement describing any specific environmental, economic, legal, social, technological, or other benefits which might justify the significant environmental effects of the proposed regulations.
(e) In addition to meeting the requirements of Government Code section 11346.9(a)(3), if comments are received from other public agencies and members of the public during the evaluation process which raise significant environmental points, the Department shall summarize and respond to such comments in writing prior to taking final action on the proposed regulations and such written responses shall be included in the record of the rulemaking proceeding.
Note: Authority cited: Section 702, Fish and Game Code. Reference: Sections 21080.5(d)(2)(i), (ii) and (iv), and 21081, Public Resources Code.
s 777.9. Notice of Decision.
(a) A notice of the final decision by the Department, which indicates whether the proposed regulations will, or will not, have a significant effect on the environment, shall be filed with the Secretary of the Resources Agency. The notice of the final decision shall be available for public inspection, and a list of the notices will be posted on a weekly basis in the Office of the Resources Agency, and will remain posted for a period of thirty (30) days.
Note: Authority cited: Section 702, Fish and Game Code. Reference: Section 21080.5(d)(2)(v), Public Resources Code.
s 778. General.
The nature and extent of Fish and Game's review of EIRs and Negative Declarations will be determined by the following conditions:
(a) Fish and Game has legal jurisdiction with respect to a project as it affects natural resources which are held in trust for the people of the State of California.
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 779.5. Review of Projects Affecting Natural Resources Held in Public Trust -Early Consultation.
Under conditions specified in Section 21080.3 of CEQA, a lead agency shall consult with Fish and Game prior to the decision of whether an EIR or Negative Declaration is required. Comments shall be provided by the responsible regional unit.
Section 21080.4 of CEQA requires lead agencies to send a Notice of Determination to Fish and Game if an EIR is required. Upon receipt of such notice ESB personnel shall send the Notice to the responsible regional unit. This unit shall specify the scope and content of environmental information germane to Fish and Game statutory responsibilities and identify specific concerns with the project. The above information shall be provided in writing to ESB for review within 40 days of the date on the Notice of Determination. ESB shall obtain appropriate signatures and forward Fish and Game comments to the Resources Agency within 45 days of the date on the Notice of Determination.
In order for the environmental review process of a project to be timely and complete, the responsible regional unit of Fish and Game may request one or more meetings between representatives of agencies involved in the project. In addition, the responsible unit shall attend any such meeting requested by the lead agency or any other agency involved in the project. Such meetings shall be convened as soon as possible, but no later than 30 days, after they have been requested.
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 780. Review of Draft EIRs and Negative Declarations.
Fish and Game in reviewing environmental documents, shall focus on the sufficiency of the EIR in accordance with Section 15161(c) of the State EIR Guidelines. Comments should focus on any shortcomings in the EIR. The appropriateness of using a Negative Declaration, or additional alternatives or mitigation measures which the document should include. Comments shall be provided by the regional unit to ESB for review. If the comments are sufficient, appropriate signatures shall be obtained, and the comments forwarded to the Resources Agency for incorporation into other Agency comments, if any. If the comments are not sufficient, regional unit personnel and ESB personnel shall coordinate to complete the comments before obtaining necessary signatures.
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 780.5. Review of Final EIRs and Negative Declarations.
The same procedure shall be used to review final documents as is used to review draft documents.
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 781. Designation of Contact Person.
Under the conditions and procedures specified above, Fish and Game shall supply with its comments the name of a Fish and Game contact person in accordance with Section 15161(d) of 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 781.5. Regulation Procedure.
(a) When the department submits a recommendation to the commission with regard to adopting regulations which may have a significant effect on the environment, or it is anticipated that a substantial body of opinion will reasonably consider the environmental effect to be adverse, the recommendation shall be presented in written form containing:
(1) The proposal,
(2) Reasonable alternatives to the proposal, and
(3) Mitigation measures to minimize any significant adverse environmental impacts of the proposal.
(b) Recommendations from the department shall consider the relevant portions of policies declared by the state legislature and the commission dealing with the management of fish and wildlife resources.
(c) Recommendations received from any person other than the department shall be considered as a comment on, or counter proposal to, the recommendations received from the department, and a written response shall be prepared by the department.
(d) The commission will evaluate proposals according to how well the recommendations would achieve the purposes and policies of fish and wildlife management described in the Fish and Game Code, and in Division 1, Title 14, California Administrative Code.
(e) After receipt of the recommendation from the department, the commission shall consult with all other public agencies having jurisdiction by law with respect to the activities involved in the recommendation.
(f) Notice of the filing of the recommendation by the department shall be made to the public following the statutory requirements of the Fish and Game Code. The notification shall be provided early enough that people will have at least 30 days, or until the next meeting, whichever occurs first, to respond to the recommendation before the commission takes its action. Notice shall also be mailed to any person who requests in writing such notification.
(g) The commission will not adopt regulations as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment, unless specific economic, social or other conditions make infeasible such project alternatives or such mitigation measures.
(h) The final action on the adopting of regulations shall include the written response of the commission to significant environmental points raised during the evaluation process by other public agencies and members of the public. Responses to comments received prior to the final public meeting when the commission must take its action will be prepared in writing prior to the meeting. Responses to comments received at the final meeting may be made orally by the commission during the meeting. Such oral responses will be included in the official written minutes of the meeting.
(i) Notice of the adoption of a regulation adopted pursuant to Section 21080.5, Public Resources Code, shall be filed with the Secretary for Resources. The notice shall be available for public inspection and shall remain posted for a period of 30 days.
Note: Authority cited: Section 21080.5, Public Resources Code, and Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code, and Section 15050 of the State EIR Guidelines.
Note: Authority cited: Section 87300 and 87304, Government Code. Reference: Sections 87300, et seq., Government Code.
s 783.0. Purpose and Scope of Regulations.
This article implements Section 2080 and Section 2081 of the Fish and Game Code. This article does not affect the Department's authority to authorize take pursuant to any other provision of this division.
Note: Authority cited: Sections 702 and 2081(d), Fish and Game Code. Reference: Sections 2080 and 2081, Fish and Game Code.
s 783.1. Prohibitions.
(a) No person shall import into this State, export out of this State or take, possess, purchase, or sell within this State, any endangered species, threatened species, or part or product thereof, or attempt any of those acts, except as otherwise provided in the California Endangered Species Act, Fish and Game Code Section 2050, et seq. ( "CESA"), the Native Plant Protection Act, the Natural Community Conservation Planning Act, the California Desert Native Plants Act, or as authorized under this article in an incidental take permit.
(b) Subsection (a) applies to any species designated as a candidate species under Section 2074.2 of the Fish and Game Code if the Commission has issued notice under Section 2074.4.
(c) Department wildlife management activities. The possession or take of endangered, threatened, or candidate species by employees and agents of the Department for scientific, educational and management purposes, and for law enforcement purposes, is not prohibited.
(d) Take of insects. The take of insects and other invertebrates that are not fish as defined in the Fish and Game Code is not prohibited.
Note: Authority cited: Sections 702, 1001, 2081(a) and 2081(d), Fish and Game Code. Reference: Sections 2080, 2085, 2062 and 2067, Fish and Game Code.
s 783.2. Incidental Take Permit Applications.
(a) Permit applications. Applications for permits under this article must be submitted to the Regional Manager. Each application must include all of the following:
(1) Applicant's full name, mailing address, and telephone number(s). If the applicant is a corporation, firm, partnership, association, institution, or public or private agency, the name and address of the person responsible for the project or activity requiring the permit, the president or principal officer, and the registered agent for the service of process. (continued)