Lake and Streambed Alteration Agreements: Regulations for Suspension or Revocation

Notice of Department Rulemaking: Lake and Streambed Alteration Agreements - Proposed Regulations for Revocation or Suspension (add Section 723, Title 14, CCR)

May 3, 2024

The California Department of Fish and Wildlife (Department) has published the Notice of Proposed Action to add Section 723 to Title 14, California Code of Regulations (CCR) (OAL Z#2024-0423-04, California Regulatory Notice Register Online | OAL). Fish and Game Code Section 1612 authorizes the Department to suspend or revoke a permit, referred to as a “lake or streambed alteration agreement” (agreement), if the Department determines the permittee is not in compliance with its terms or has failed to provide the Department timely status reports where such reports are required. The purpose of an agreement is to protect fish and wildlife resources that could be adversely affected by the project or activities the agreement authorizes. (Fish & G. Code, § 1603, subd. (a).)

The purpose of the agreement is to protect fish and wildlife resources that may be substantially adversely affected by the project or activities the agreement authorizes. The purpose of a status report for a long-term agreement is for the Department to evaluate the efficacy of these measures. By allowing the Department to suspend or revoke an agreement when a permittee is not in compliance with the terms of an agreement, which includes resource protection measures, or fails to provide timely status reports, the proposed regulation benefits the state’s fish and wildlife resources.

In accordance with the Administrative Procedure Act, the Department provided notice of the proposed regulatory action with the Office of Administrative Law for publication in the California Regulatory Notice Register on May 3rd, 2024.

Written Comment Period

Any interested person, or his or her authorized representative, may submit written comments on the proposed action to the Department. All written comments must be received by the Department via mail or email no later than Tuesday, June 18, 2024, to the contact as follows:

California Department of Fish and Wildlife
Regulations Unit
Attn: Mike Randall, Analyst
P.O. Box 944209
Sacramento, CA 94244-2090

Email: Regulations@wildlife.ca.gov

Public Hearing

A virtual public hearing is scheduled by as follows:
    Date: Tuesday, June 18, 2024
    Time: 11:00 a.m. to 12:00 p.m.
Meeting details will be made available on this webpage at least seven days in advance of the meeting.
Location: Teleconference and Webinar

The current rulemaking file for this proposal consists of the following documents: