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 670.1 - Listing of Endangered and Threatened Species

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(Note: These regulations were drafted to provide a petition
					 form and rules and procedures governing the submission and review of petitions
					 for listing, uplisting, downlisting and delisting of endangered and threatened
					 species of plants and animals. The intent of the 1994 amendments is a smoother
					 and more effective implementation of the California Endangered Species Act
					 (CESA) through procedural clarity. While these amendments generally follow the
					 chronology of the CESA statutes, they do not recreate each procedural step of
					 the statutes in regulations.)
Pursuant to Sections
					 2071
					 and
					 2071.5
					 of the Fish and Game Code, the following rules and procedures shall govern the
					 submission and review of petitions for listing, uplisting, downlisting and
					 delisting of threatened or endangered species:
(a) Petition Requirement. Every person
				  recommending that a species or subspecies be added to or removed from the State
				  listing of endangered and threatened plants and animals or be changed in status
				  (endangered to threatened or threatened to endangered) must submit a petition
				  to the Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento,
				  California 94244-2090. Only petitions submitted on an authorized petition form
				  (PETITION TO THE STATE OF CALIFORNIA FISH AND GAME COMMISSION, FGC-670.1
				  (3/94), which is incorporated by reference herein), available at the Commission
				  office and offices of the Department of Fish and Game, will be considered by
				  the Commission.
(b) Review of
				  Petition for Completeness. An incomplete petition shall be returned to the
				  petitioner by the commission staff within 10 days of receipt. A petition shall
				  be deemed incomplete if it is not submitted on FGC-670.1 (3/94) or fails to
				  contain information in each of the required categories set forth in subsection
				  (d)(1).
(c) Notice of Receipt of
				  Petition. Pursuant to Section
				  2073.3
				  of the Fish and Game Code, the commission staff shall submit a notice of
				  receipt of an accepted petition to the Office of Administrative Law, for
				  publication in the California Regulatory Notice Register, at the time the
				  petition is transmitted to the department for evaluation. Notice of the receipt
				  of a petition submitted by the department shall be submitted to the Office of
				  Administrative Law for publication upon receipt. Notices shall contain the date
				  and location of the Commission meeting at which the petition is scheduled for
				  receipt.
(d) Department Initial
				  Evaluation of Petition. (90-Day Review)
(1)
				  Sufficient Scientific Information. The department's evaluation report, required
				  pursuant to Section
				  2073.5
				  of the Fish and Game Code, shall contain an evaluation of whether or not the
				  petition provides sufficient scientific information on the following petition
				  components of Section
				  2072.3
				  of the Fish and Game Code to indicate that the petitioned action may be
				  warranted:
(A) population trend;
(B) range;
(C) distribution;
(D) abundance;
(E) life history;
(F) kind of habitat necessary for
				  survival;
(G) factors affecting the
				  ability to survive and reproduce;
(H) degree and immediacy of threat;
(I) impact of existing management
				  efforts;
(J) suggestions for future
				  management;
(K) availability and
				  sources of information; and
(L) a
				  detailed distribution map.