reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Section 748.5 - Procedures for Imposing Civil Penalties and Conducting Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This section implements the department's authority to
					 administratively impose civil penalties pursuant to sections
					 12025(e)
					 and
					 12025.1(d)
					 of the Fish and Game Code.
(a)
				  Definitions.
(1) "Party" includes any person
				  or entity named in a complaint or the department official who issued the
				  complaint (collectively, "Parties"), but does not include the presiding
				  officer.
(2) "Presiding officer"
				  means a person designated by the director to conduct the hearings under this
				  section, including an administrative law judge assigned by the Office of
				  Administrative Hearings.
(3)
				  "Respondent" means any person or entity named in a complaint that is subject to
				  a civil penalty imposed pursuant Section
				  12025
				  or
				  12025.1
				  of the Fish and Game Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Section 748.6 - Standards for Imposing Penalty Enhancements for Illegal Take of Game with Defined Characteristics

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of implementing the penalty
				  enhancements set forth in Fish and Game Code section
				  12013.3,
				  the following are designated as trophies:
(1)
				  In deer hunting zones A, B1-B6, D10, D11, D13, D15, and D16, any deer with four
				  or more points on either antler (excluding eye guards) or with an outside
				  antler spread of at least sixteen inches. In all other deer hunting zones (all
				  X zones, all C zones, and zones D3-D9, D12, D14, D17, and D19), any deer with
				  four or more points on either antler (excluding eye guards) or with an outside
				  antler spread of at least twenty-two inches.
(2) Any elk with five or more points on
				  either antler (including eye guards);
(3) Any pronghorn antelope with a horn that
				  is at least fourteen inches in length;
(4) Any bighorn sheep ram defined as a male
				  bighorn sheep (
Ovis canadensis
) having at least one horn, the
				  tip of which extends beyond a straight line beginning at the front (anterior)
				  edge of the horn base, and extending downward through the rear (posterior) edge
				  of the visible portion of the eye and continuing downward through the horn. All
				  reference points are based on viewing the ram directly from a 90-degree angle
				  from which the head is facing.
(5)
				  Any wild turkey with either a spur that is at least one inch in length, or a
				  beard (measured by the longest strand of one or more beards) that is eight or
				  more inches.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Exhibit B - Incidental Take Authorization Standards for Research and Monitoring During the Candidacy Period for Coho Salmon

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Research Proposals
Take of coho salmon during the candidacy period is
					 authorized for individuals, agencies, or universities and landowners for
					 purposes of research and monitoring provided that:
(i) For ongoing research, a written, detailed
				  project proposal describing objectives, methods (gear, sampling schedules and
				  locations), efforts to minimize adverse effects to the species, estimated level
				  of take of the species, and a copy of a permit authorizing take pursuant to the
				  Federal Endangered Species Act shall be provided to the appropriate Department
				  Regional Manager within 45 days of this regulation becoming
				  effective.
(ii) For research which
				  has not yet commenced, a written, detailed project proposal describing
				  objectives, methods (gear, sampling schedules and locations), efforts to
				  minimize adverse effects to the species, estimated level of take of the
				  species, and a copy of a permit authorizing take pursuant to the Federal
				  Endangered Species Act shall be provided to the appropriate Department Regional
				  Manager.
(iii) The research or
				  monitoring may commence once the Department issues written concurrence that the
				  research and monitoring activities conducted are consistent with the
				  Department's research and monitoring programs and are sufficient to protect
				  coho salmon. The Department may specify additional terms and conditions for the
				  protection of coho salmon and the reporting of all data collected to the
				  Department.
Alternative Procedure
At the discretion of the Department, research and
					 monitoring activities not addressed by the above procedures may receive
					 separate authorization for take of coho salmon by the Department pursuant to
					 Fish and Game Code Section
					 2081.
Department of Fish and Game Contacts
Regional Manager, Northern California -- North Coast
					 Region; 601 Locust Street, Redding, CA 96001 -- (530) 225-2300.
Regional Manager, Central Coast Region; 7329 Silverado
					 Trail, P.O. Box 46, Yountville, CA 94599 -- (707) 944-5500.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Exhibit D - Department of Fish and Game Fish Screening Criteria June 19, 2000

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Section 749.2 - Incidental Take of Xantus's Murrelet (Synthliboramphus Hypoleucus) During Candidacy Period. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 11-7-2002 as an emergency; operative 11-7-2002 (Register
					 2002,
					 No. 45). A Certificate of Compliance must be transmitted to OAL by 3-7-2003 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-4-2003 as an emergency; operative
					 3-7-2003 (Register 2003, No. 10). A Certificate of Compliance must be
					 transmitted to OAL by 7-7-2003 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 3-4-2003 order, including amendment of section heading and NOTE,
					 transmitted to OAL 6-10-2003 and filed 6-24-2003 (Register 2003, No.
					 26).
4. Repealer filed 11-22-2004; operative 12-22-2004 (Register
					 2004, No. 48).
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.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Section 749.3 - Special Order Relating to the Incidental Take of Longfin Smelt (Spirinchus Thaleichthys) During Candidacy Period. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section and Exhibits A-E filed 2-27-2008 as an emergency; operative 2-29-2008
					 (Register 2008, No. 9). A Certificate of Compliance must be transmitted to OAL
					 by 8-27-2008 or emergency language will be repealed by operation of law on the
					 following day.
2. New section, including amendments, and Exhibits
					 A-E refiled 8-18-2008 as an emergency; operative 8-27-2008 (Register 2008, No.
					 34). A Certificate of Compliance must be transmitted to OAL by 11-24-2008 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. New section and Exhibits A-E, including further amendments,
					 refiled 11-24-2008 as an emergency; operative 11-24-2008 (Register 2008, No.
					 48). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or
					 emergency language will be repealed by operation of law on the following
					 day.
4. Repealer of section and Exhibits A-E by operation of
					 Government Code section
					 11346.1(g)
					 (Register
					 2009,
					 No. 9).
Note: Authority cited: Sections
						200,
						202,
						205,
						240 and
						2084,
						Fish and Game Code. Reference: Sections
						200,
						202,
						205,
						240 and
						2084,
						Fish and Game Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Section 749.4 - Incidental Take of California Tiger Salamander (Ambystoma Californiense) During Candidacy Period. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-23-2009 as an emergency; operative 2-23-2009 (Register 2009,
					 No. 9). A Certificate of Compliance must be transmitted to OAL by 8-24-2009 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section, including amendment of subsection (a)(2),
					 refiled 8-24-2009 as an emergency; operative 8-24-2009 (Register 2009, No. 35).
					 A Certificate of Compliance must be transmitted to OAL by 11-23-2009 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. New section refiled 11-23-2009 as an emergency; operative
					 11-23-2009 (Register 2009, No. 48). A Certificate of Compliance must be
					 transmitted to OAL by 2-22-2010 or emergency language will be repealed by
					 operation of law on the following day.
4. Repealed by operation of
					 Government Code section
					 11346.1(g)
					 (Register 2015, No. 4).
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.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Section 749.5 - Incidental Take of Pacific Fisher (Martes Pennanti) During Candidacy Period. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 4-27-2009 as an emergency; operative 4-27-2009 (Register 2009,
					 No. 18). A Certificate of Compliance must be transmitted to OAL by 10-26-2009
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 10-22-2009 as an emergency; operative
					 10-27-2009 (Register 2009, No. 43). A Certificate of Compliance must be
					 transmitted to OAL by 1-25-2010 or emergency language will be repealed by
					 operation of law on the following day
3. New section refiled
					 1-14-2010 as an emergency; operative 1-26-2010 (Register 2010, No. 3). A
					 Certificate of Compliance must be transmitted to OAL by 4-26-2010 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2014, No. 49).
Note: Authority cited: Sections
						200,
						202,
						240 and
						2084,
						Fish and Game Code. Reference: Sections
						200,
						202,
						240,
						2080,
						2084
						and
						2085,
						Fish and Game Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Section 749.6 - Incidental Take of Mountain Yellow-Legged Frog (Rana Muscosa and Rana Sierrae) During Candidacy Period. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-11-2010 as an emergency; operative 10-11-2010 (Register 2010,
					 No. 42). A Certificate of Compliance must be transmitted to OAL by 4-11-2011 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 4-6-2011 as an emergency; operative
					 4-12-2011 (Register 2011, No. 14). A Certificate of Compliance must be
					 transmitted to OAL by 7-11-2011 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 7-12-2011 as an emergency; operative 7-12-2011 (Register 2011, No. 28). A
					 Certificate of Compliance must be transmitted to OAL by 10-10-2011 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2016, No. 23).
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.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Section 749.7 - Incidental Take of Black-Backed Woodpecker (Picoides Arcticus) During Candidacy Period. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 1-5-2012 as an emergency; operative 1-6-2012 (Register 2012, No.
					 1). A Certificate of Compliance must be transmitted to OAL by 7-5-2012 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Repealed by operation of Government Code section
					 11346.1(g).
					 Note: Center for Biological Diversity, et al. v. California Fish and Game
					 Commission, Super. Ct. Alameda County, 2012, No. RG 12614930, Stipulated
					 Judgment dated May 29, 2012 setting aside section
					 749.7 (Register 2012, No.
					 37).
Note: Authority cited: Sections
						200,
						202,
						240 and
						2084,
						Fish and Game Code. Reference: Sections
						200,
						202,
						240,
						2080,
						2084
						and
						2085,
						Fish and Game Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Section 749.8 - Incidental Take of Tricolored Blackbird (Agelaius Tricolor) During Candidacy Period. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-7-2016 as an emergency; operative 3-7-2016 (Register 2016, No.
					 11). A Certificate of Compliance must be transmitted to OAL by 9-6-2016 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2016, No. 41).
Note: Authority cited: Sections
						200,
						202,
						240 and
						2084,
						Fish and Game Code. Reference: Sections
						200,
						202,
						240,
						2080,
						2084
						and
						2085,
						Fish and Game Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Section 749.9 - Incidental Take of Tricolored Blackbird (Agelaius Tricolor) During Candidacy Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This regulation authorizes take as defined by Fish and Game
					 Code Section
					 86, of
					 tricolored blackbird in the limited circumstances described below, subject to
					 certain terms and conditions, during the species' candidacy under the
					 California Endangered Species Act (Fish and Game Code, Section
					 2050 et
					 seq.).
(a) Take Authorization.
The commission authorizes the take of tricolored blackbird
					 during the candidacy period subject to the terms and conditions herein.
(1) Actions to Protect, Restore, Conserve, or
				  Enhance Habitat.
Take of tricolored blackbird incidental to otherwise lawful
					 activity, where the purpose of the activity is to protect, restore, conserve,
					 or enhance habitat for a species designated as an endangered, threatened, or
					 candidate species under state or federal law.
(2) Actions to Monitor Tricolored Blackbird
				  Breeding Colonies.
Take of tricolored blackbird incidental to efforts to
					 monitor active tricolored blackbird breeding colonies, including entering
					 colonies to perform walking transects. Only trained observers who are approved
					 by the department will be authorized to engage in such
					 monitoring.
(3) Harvest of
				  Grain Crops Under Harvest Management Program to Protect Colonies.
Take of tricolored blackbird incidental to harvest of grain
					 fields and related agricultural activities is authorized where an individual
					 participates in a harvest management program administered by the Natural
					 Resources Conservation Service (NRCS), or harvest management program
					 administered or approved by the department; the harvest management program
					 shall include the establishment of a buffer zone and harvest date as described
					 under Topics 1 and 2 in the document "California Department of Fish and
					 Wildlife (Department) Staff Guidance Regarding Avoidance of Impacts to
					 Tricolored Blackbird Breeding Colonies on Agricultural Fields in 2015" (adopted
					 on March 19, 2015 and available at
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=99310&inline
),
					 hereby incorporated by reference. The individual seeking authorization for take
					 incidental to harvest of grain fields and related agricultural activities shall
					 receive written confirmation of participation in the harvest management program
					 and must obtain specific authorization for the timing of harvest and related
					 agricultural activities from NRCS, the department, or a biologist authorized by
					 the department or NRCS before proceeding with any harvest activities that take
					 tricolored blackbirds.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Section 749.10 - Special Order Relating to Take of Western Joshua Tree (Yucca Brevifolia) During Candidacy Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-29-2020 as an emergency; operative 10-29-2020. Emergency
					 expiration extended 60 days (Executive Order N-40-20) plus an additional 60
					 days (Executive Order N-66-20) (Register 2020, No. 44). A Certificate of
					 Compliance must be transmitted to OAL by 8-27-2021 or emergency language will
					 be repealed by operation of law on the following day.
2. Repealed by
					 operation of Government Code section
					 11346.1(g)
					 (Register 2021, No. 36).
Note: Authority cited: Sections
						399 and
						2084,
						Fish and Game Code. Reference: Sections
						399 and
						2084,
						Fish and Game Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Section 749.11 - Special Order Relating to Take of Western Joshua Tree (Yucca Brevifolia) During Candidacy Period. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 1-7-2021 as an emergency; operative 1-7-2021. Expiration of
					 emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days
					 (Executive Order N-71-20). (Register 2021, No. 2). A Certificate of Compliance
					 must be transmitted to OAL by 11-8-2021 or emergency language will be repealed
					 by operation of law on the following day.
2. New section, including
					 amendment of subsection (a)(1)(B), refiled 11-8-2021 as an emergency; operative
					 11-9-2021 (Register 2021, No. 46). A Certificate of Compliance must be
					 transmitted to OAL by 2-7-2022 or emergency language will be repealed by
					 operation of law on the following day.
3. New section and subsequent
					 amendment refiled 1-31-2022 as an emergency; operative 2-8-2022 (Register 2022,
					 No. 5). A Certificate of Compliance must be transmitted to OAL by 5-9-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
4. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2022, No. 19).
Note: Authority cited: Sections
						399 and
						2084,
						Fish and Game Code. Reference: Sections
						399 and
						2084,
						Fish and Game Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Section 749.12 - Special Order Relating to Take of Western Joshua Tree (Yucca Brevifolia) During Candidacy Period. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 1-7-2021 as an emergency; operative 1-7-2021. Expiration of
					 emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days
					 (Executive Order N-71-20). (Register 2021, No. 2). A Certificate of Compliance
					 must be transmitted to OAL by 11-8-2021 or emergency language will be repealed
					 by operation of law on the following day.
2. New section refiled
					 with amendments 11-8-2021 as an emergency; operative 11-9-2021 (Register 2021,
					 No. 46). A Certificate of Compliance must be transmitted to OAL by 2-7-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. New section and subsequent amendments refiled 1-31-2022 as
					 an emergency; operative 2-8-2022 (Register 2022, No. 5). A Certificate of
					 Compliance must be transmitted to OAL by 5-9-2022 or emergency language will be
					 repealed by operation of law on the following day.
4. Repealed by
					 operation of Government Code section
					 11346.1(g)
					 (Register 2022, No. 19).
Note: Authority cited: Sections
						399 and
						2084,
						Fish and Game Code. Reference: Sections
						399 and
						2084,
						Fish and Game Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Section 749.13 - Special Order Relating to Take of Southern California Steelhead (Oncorhynchus Mykiss) During Candidacy Period. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 5-16-2022 as an emergency; operative 5-16-2022 (Register 2022,
					 No. 20). A Certificate of Compliance must be transmitted to OAL by 11-14-2022
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 11-14-2022 as an emergency; operative
					 11-15-2022 pursuant to Government Code section
					 11346.1(d)
					 (Register 2022, No. 46). A Certificate of Compliance must be transmitted to OAL
					 by 2-13-2023 or emergency language will be repealed by operation of law on the
					 following day.
3. New section refiled 1-20-2023 as an emergency;
					 operative 2-14-2023 (Register 2023, No. 3). A Certificate of Compliance must be
					 transmitted to OAL by 5-15-2023 or emergency language will be repealed by
					 operation of law on the following day.
4. Repealer of section by
					 operation of Government Code section
					 11346.1(f)
					 (Register 2023, No. 24).
Note: Authority cited: Sections
						399 and
						2084,
						Fish and Game Code. Reference: Sections
						399 and
						2084,
						Fish and Game Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 4 - Procedural Regulations for Implementation of the California Environmental Quality Act of 1970 › Article 1 - General › Section 750 - Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
1. New
						Chapter 4 (Sections
						750 through
						781) filed 4-4-73 as an emergency;
						designated effective 4-4-73 (Register 73, No. 14).
2. Certificate of
						Compliance filed 7-11-73 (Register 73, No. 28).
3. Repealer of
						Chapter 4 (Articles 1-5, Sections
						750-781) and new Chapter 4
						(Articles 1-3, Sections
						750-781) filed 7-16-81; effective
						thirtieth day thereafter (Register 81, No. 29).
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.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 4 - Procedural Regulations for Implementation of the California Environmental Quality Act of 1970 › Article 1 - General › Section 751 - Short Title

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 4 - Procedural Regulations for Implementation of the California Environmental Quality Act of 1970 › Article 1 - General › Section 752 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 4 - Procedural Regulations for Implementation of the California Environmental Quality Act of 1970 › Article 1 - General › Section 753 - Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 4 - Procedural Regulations for Implementation of the California Environmental Quality Act of 1970 › Article 1 - General › Section 753.5 - Collection of Filing Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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
					 15260-15285, 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
					 15300-15333, title 14,
					 CCR.)
(3) No Effect Projects: All
					 projects found by the department to have no effect on fish and wildlife
					 resources shall incur no fee. (See subsections
					 753.5(c) and (d)
					 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 $1800, as adjusted annually
					 pursuant to section
					 711.4
					 of the Fish and Game Code. Current fees are available on the department website
					 and may be obtained by contacting the department.
(5) Environmental Impact Report Projects: All
					 projects for which an Environmental Impact Report (EIR) has been prepared
					 pursuant to section
					 21151
					 of the Public Resources Code shall incur a fee of $2500, as adjusted annually
					 pursuant to section
					 711.4
					 of the Fish and Game Code. Current fees are available on the department website
					 and may be obtained by contacting the department.
(6) Certified Regulatory Programs: All
					 projects subject to a certified regulatory program pursuant to section
					 21080.5
					 of the Public Resources Code shall incur a fee of $850, as adjusted annually
					 pursuant to section
					 711.4
					 of the Fish and Game Code. Current fees are available on the department website
					 and may be obtained by contacting the department.
(7) Notwithstanding sections
					 21080.5
					 and
					 21081
					 of the Public Resources Code, a project shall not be operative, vested, or
					 final, and local government permits for the project shall not be valid, until
					 the filing fees pursuant to this section are paid (See section
					 711.4(c)(3)
					 of the Fish and Game Code.)
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 4 - Procedural Regulations for Implementation of the California Environmental Quality Act of 1970 › Article 1 - General › Section 753.6

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The adopted version of this section by
						Register
						2023, No. 09, effective
						2/22/2023 is not yet
						available.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 4 - Procedural Regulations for Implementation of the California Environmental Quality Act of 1970 › Article 2 - Fish and Game as Lead Agency › Section 754 - Environmental Review Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 4 - Procedural Regulations for Implementation of the California Environmental Quality Act of 1970 › Article 2 - Fish and Game as Lead Agency › Section 754.2

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The adopted version of this section by
						Register
						2023, No. 09, effective
						2/22/2023 is not yet
						available.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 4 - Procedural Regulations for Implementation of the California Environmental Quality Act of 1970 › Article 2 - Fish and Game as Lead Agency › Section 755 - Determination of Lead Unit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 4 - Procedural Regulations for Implementation of the California Environmental Quality Act of 1970 › Article 2 - Fish and Game as Lead Agency › Section 756 - Applicability of CEQA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 4 - Procedural Regulations for Implementation of the California Environmental Quality Act of 1970 › Article 2 - Fish and Game as Lead Agency › Section 758 - Initial Study

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 4 - Procedural Regulations for Implementation of the California Environmental Quality Act of 1970 › Article 2 - Fish and Game as Lead Agency › Section 759 - Preparation and Filing of Negative Declaration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 4 - Procedural Regulations for Implementation of the California Environmental Quality Act of 1970 › Article 2 - Fish and Game as Lead Agency › Section 760 - Staff Review of Negative Declarations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 4 - Procedural Regulations for Implementation of the California Environmental Quality Act of 1970 › Article 2 - Fish and Game as Lead Agency › Section 761 - Notice of Preparation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.