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 4 - Procedural Regulations for Implementation of the California Environmental Quality Act of 1970 › Article 2 - Fish and Game as Lead Agency › Section 762 - Notice of Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 763 - State, Federal and Public Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 764 - Decision to Prepare an EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 765 - Contents of EIRs

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

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 767 - Staff Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 768 - Fees for the Preparation and Processing of EIRs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 769 - Advance Notice to Secretary for Resources

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 770 - State, Federal and Public Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 771 - Final EIR Preparation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 772 - Final EIR Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 773 - Processing of Final EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 773.4

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 773.6

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 774 - Findings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 775 - Statement of Overriding Considerations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 776 - Notice of Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 777 - Final EIR to Local Planning Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 2.5 - Certified Regulatory Program for Adoption of Regulations › Section 777.5 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
1. New
						article 2.5 (sections
						777.5-777.9) and section filed
						8-27-98; operative 8-27-98 pursuant to Government Code section
						11343.4(d)
						(Register 98, No. 35).
Note: Authority cited: Section
						  702,
						  Fish and Game Code. Reference: Section
						  21080.5,
						  Public Resources 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 2.5 - Certified Regulatory Program for Adoption of Regulations › Section 777.6 - Contents of Initial Statement of Reasons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
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 2.5 - Certified Regulatory Program for Adoption of Regulations › Section 777.7 - Circulation of Notice and Initial Statement of Reasons; Solicitation of Comments and Consultation with Agencies Which Have Jurisdiction by Law; Subsequent Notices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
1. New
						section filed 8-27-98; operative 8-27-98 pursuant to Government Code section
						11343.4(d)
						(Register 98, No. 35).
Note: Authority cited: Section
						  702,
						  Fish and Game Code. Reference: Section
						  21080.5(d)(2)(iii)
						  and (iv), Public Resources
						  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 2.5 - Certified Regulatory Program for Adoption of Regulations › Section 777.8 - Evaluation and Adoption of Proposed Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
1. New
						section filed 8-27-98; operative 8-27-98 pursuant to Government Code section
						11343.4(d)
						(Register 98, No. 35).
Note: Authority cited: Section
						  702,
						  Fish and Game Code. Reference: Sections
						  21080.5(d)(2)(i),
						  (ii) and (iv), and
						  21081,
						  Public Resources 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 2.5 - Certified Regulatory Program for Adoption of Regulations › Section 777.9 - Notice of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
1. New
						section filed 8-27-98; operative 8-27-98 pursuant to Government Code section
						11343.4(d)
						(Register 98, No. 35).
Note: Authority cited: Section
						  702,
						  Fish and Game Code. Reference: Section
						  21080.5(d)(2)(v),
						  Public Resources 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 3 - Fish and Game Review Procedures for EIRs and Negative Declarations › Section 778 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 3 - Fish and Game Review Procedures for EIRs and Negative Declarations › Section 779.5 - Review of Projects Affecting Natural Resources Held in Public Trust-Early Consultation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 3 - Fish and Game Review Procedures for EIRs and Negative Declarations › Section 780 - Review of Draft EIRs and Negative Declarations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 3 - Fish and Game Review Procedures for EIRs and Negative Declarations › Section 780.5 - Review of Final EIRs and Negative Declarations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 3 - Fish and Game Review Procedures for EIRs and Negative Declarations › Section 781 - Designation of Contact Person

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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 3 - Fish and Game Review Procedures for EIRs and Negative Declarations › Section 781.5 - Regulation Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 5 - Department of Fish and Wildlife, and the Wildlife Conservation Board - Conflict of Interest Code › Section 782.1 - Conflict of Interest Code for the Fish and Game Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Political Reform Act (Government Code Sections
					 81000,
et seq
.) requires state and local government agencies to adopt
					 and promulgate conflict of interest codes. The Fair Political Practices
					 Commission has adopted a regulation (2 Cal. Code of Regs. Section
					 18730) that contains the terms of
					 a standard conflict of interest code, which can be incorporated by reference in
					 an agency's code. After public notice and hearing, the standard code may be
					 amended by the Fair Political Practices Commission to conform to amendments to
					 the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section
					 18730 and any amendments to it
					 duly adopted by the Fair Political Practices Commission are hereby incorporated
					 by reference. This regulation and the attached Appendices, designating
					 positions and establishing disclosure categories, shall constitute the conflict
					 of interest code of the Fish and Game Commission (Commission).
Individuals holding designated positions shall file their
					 statements of economic interests with the Commission. Upon receipt of the
					 statements of the members of the Commission, the Commission shall make and
					 retain a copy and forward the original of these statements to the Fair
					 Political Practices Commission. All other statements of designated employees
					 shall be retained by the Commission.
1. New
					 section and appendices A and B filed 12-8-2016; operative 1-7-2017 pursuant to
					 Cal. Code Regs., tit. 2, section
					 18750(l).
					 Approved by Fair Political Practices Commission 11-10-2016 and submitted to OAL
					 for filing and printing only pursuant to Cal. Code Regs., tit. 2, section
					 18750(k)
					 (Register 2016, No. 50).
Note: Authority cited: Sections
						81008,
						87300 and
						87306,
						Government Code. Reference: Section
						87302,
						Government 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 5 - Department of Fish and Wildlife, and the Wildlife Conservation Board - Conflict of Interest Code › Appendix - Fish and Game Commission Appendix A Designated Positions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
APPOINTED COMMISSIONERS -- CATEGORY 1
EXECUTIVE DIRECTOR AND DEPUTY EXECUTIVE DIRECTOR --
					 CATEGORY 1
ATTORNEY, ALL LEVELS - CATEGORY 1
STAFF SERVICES MANAGER -- CATEGORY 2
SENIOR ENVIRONMENTAL SCIENTIST (SPECIALIST), SERVING AS
					 MARINE ADVISOR TO THE COMMISSION -- CATEGORY 3
SENIOR ENVIRONMENTAL SCIENTIST (SPECIALIST), SERVING AS
					 WILDLIFE ADVISOR TO THE COMMISSION -- CATEGORY 4
ASSOCIATE GOVERNMENTAL PROGRAM ANALYSTS INVOLVED WITH
					 CONTRACTING -- CATEGORY 2
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 6 - Regulations for Implementation of the California Endangered Species Act and Native Plant Protection Act › Article 1 - Take Prohibition; Permits for Incidental Take of Endangered Species, Threatened Species and Candidate Species › Section 783.0 - Purpose and Scope of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
1. New
						chapter 6, article 1 (sections
						783.0-783.8) and section filed
						12-30-98; operative 12-30-98 pursuant to Government Code section
						11343.4(d)
						(Register 99, No. 1).
2. Amendment of chapter heading filed
						10-24-2014; operative 1-1-2015 (Register 2014, No. 43).
3. Editorial
						correction implementing inadvertently omitted amendment of chapter heading
						(Register 2014, No. 48).
Note: Authority cited: Sections
						  702 and
						  2081(d),
						  Fish and Game Code. Reference: Sections
						  2080
						  and
						  2081,
						  Fish and Game Code.