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Regulatory Amendments Allowing Incidental Take During Work on Preexisting Artificial Structure - Notice of Preparation of an Environmental Impact Report Supplement
  • February 23, 2023

Availability of a Notice of Preparation of an Environmental Impact Report Supplement: Regulatory Amendments Allowing Incidental Take During Work on Preexisting Artificial Structure (PDF). In accordance with the provisions of the California Environmental Quality Act (CEQA), the California Department of Fish and Wildlife (CDFW) is preparing a Draft EIR Supplement to the four MPA Region EIRs on behalf of the Commission, which is the lead agency under CEQA per Public Resources Code (PRC) (Sections 21000-21177) and the State CEQA Guidelines (California Code of Regulations [CCR], Title 14, Division 6, Chapter 3, Sections 15000-15387). The Commission has determined that the operation and maintenance of preexisting artificial structures within MPAs and associated regulatory changes to CCR, Title 14, Division 1, Subdivision 2, Chapter 11, Section 632 (CCR 14, Section 632) (project) will require preparation of a Supplement to the four MPA Region EIRs.

  • Comments must be received by March 24, 2023
  • Comments can be mailed to: California Department of Fish and Wildlife; Attn: Brian Owens, 3196 South Higuera Street, Suite A, San Luis Obispo, CA 93401, or Via email: R7CEQA@wildlife.ca.gov (Include “MPA Artificial Structures- NOP Comments” in subject Line.
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SERP Concurrences

Section 21080.56 of the California Public Resources Code(opens in new tab), also known as the Statutory Exemption for Restoration Projects (SERP), provides a California Environmental Quality Act statutory exemption for fish and wildlife restoration projects that meet certain requirements. CDFW’s Cutting the Green Tape Program is responsible for coordinating with lead agencies seeking SERP concurrence. SERP is currently anticipated to sunset on January 1, 2025.

Learn more about SERP.

Recent Concurrences

Lower Klamath National Wildlife Refuge Unit 2/3 Reroute Project

4/11/2024

The Director of CDFW has concurred with the lead agency determination by the North Coast Regional Water Quality Control Board that the Lower Klamath National Wildlife Refuge Unit 2/3 Reroute Project (PDF) qualifies as a statutorily exempt restoration project under the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21080.56, subd. (e).)

Pescadero Marsh Habitat Restoration and Resiliency Project North Marsh North Pond

2/14/2024

The Director of CDFW has concurred with the lead agency determination by the California Department of Parks and Recreation that the Pescadero Marsh Habitat Restoration and Resiliency Project North Marsh North Pond (PDF) qualifies as a statutorily exempt restoration project under the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21080.56, subd. (e).)

Pond A4 Resilient Habitat Restoration Project

2/5/2024

The Director of CDFW has concurred with the lead agency determination by the Santa Clara Valley Water District that the Pond A4 Resilient Habitat Restoration Project (PDF) qualifies as a statutorily exempt restoration project under the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21080.56, subd. (e).)

Battle Creek Salmon and Steelhead Restoration Project Phase 2 No Regrets

1/26/2024

The Director of CDFW has concurred with the lead agency determination by the State Water Resources Control Board that the Battle Creek Salmon and Steelhead Restoration Project Phase 2 No Regrets (PDF) qualifies as a statutorily exempt restoration project under the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21080.56, subd. (e).)

Tahoe Gateway Forest Health Implementation Project

1/19/2024

The Director of CDFW has concurred with the lead agency determination by the Wildlife Conservation Board that the Tahoe Gateway Forest Health Implementation Project (PDF) qualifies as a statutorily exempt restoration project under the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21080.56, subd. (e).)

 See All SERP Concurrences

Alternate formats of these documents will be made available upon request. If reasonable accommodation is needed, call CDFW at (916) 322-8911. The California Relay Service for the deaf or hearing-impaired can be utilized from TDD phones at (800) 735-2929. For information on CDFW's CEQA program visit its page.