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 783.5 - Incidental Take Permit Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Director shall review and render a
					 decision regarding incidental take permit applications in accordance with this
					 section. On-site inspections by the Department may be required prior to a final
					 decision by the Director.
(b)
					 Initial review. The Department shall complete an initial review of each
					 incidental take permit application within 30 days of receipt. If the Department
					 determines that the application is complete, it shall notify the applicant that
					 the application has been accepted and shall commence review of the permit
					 application in accordance with section
					 783.5(c) or
					 section 783.5(d), as
					 applicable. This determination shall be based solely on whether the applicant
					 has provided information responsive to each required element of sections
					 783.2 and
					 783.3 and shall not be based on
					 the merits of the application. If an incomplete or improperly executed
					 application is submitted, the Department shall return the application to the
					 applicant with a description of the deficiency. The applicant shall have 30
					 days from receipt of the returned application to correct the deficiency and
					 re-submit the application. If the Department takes no action within 30 days of
					 receipt, the application shall be deemed complete. The Department may require
					 supplementary information during the application review process after the
					 application is determined to be complete, or is deemed complete, pursuant to
					 this subsection.
(c) Department as
					 CEQA responsible agency. If the Department is a responsible agency for purposes
					 of CEQA, the Department shall act in accordance with California Code of
					 Regulations, title 14, section
					 15096 and other applicable
					 provisions of CEQA and the CEQA Guidelines, California Code of Regulations,
					 title 14, section
					 15000, et seq.. The Director shall
					 decide whether an incidental take permit can be issued under this article, in
					 accordance with CEQA and the CEQA Guidelines, based on a review of the
					 application; the environmental impact report, mitigated negative declaration or
					 negative declaration, or other environmental documentation prepared pursuant to
					 a regulatory program certified pursuant to Public Resources Code section
					 21080.5
					 (and listed in title 14, California Code of Regulations, section
					 15251), prepared by the lead
					 agency; the lead agency's findings under Section
					 21081
					 of the Public Resources Code; and any other available, relevant information
					 included in the record by the Department.
(1)
					 If the Department determines that it will not proceed with any of the actions
					 specified in California Code of Regulations, title 14, section
					 15096(e), the
					 Director shall approve the application and issue a permit, or deny an
					 application, in accordance with this article as soon as possible and no later
					 than the latest of the following dates:
(A) 90
					 days from the date on which the lead agency approved the activity. However, the
					 Department shall, at the request of the applicant, commence processing the
					 application as soon as the information necessary to commence the processing is
					 available.
(B) 90 days from the
					 date on which the application was accepted as complete by the
					 Department.
(C) If the Department
					 makes a written finding that additional time is necessary due to the complexity
					 of the application or the scope and duration of the requested permit, the 90
					 day periods for acting upon the permit application may be extended an
					 additional 60 days to at total of 150 days.