Proposed Changes for 15 Day Continuation Notice Re: Lake and Streambed Suspension and Revocation Regulations
November 19, 2024
NOTICE IS HEREBY GIVEN that pursuant to the requirements of Government Code section 11346.8(c) and California Code of Regulations (CCR), title 1, section 44, the California Department of Fish and Wildlife (CDFW) hereby provides notice of changes to the above-referenced regulation.
The full text of the resulting amendment with the change clearly indicated, shall be made available to the public for at least 15 days before the agency amends, or repeals the resulting regulation. Any written comments received regarding the change must be responded to in the final statement of reasons required by Section 11346.9.
On May 3, 2024, a notice of proposed action (NOPA) to adopt the above-referenced regulation was mailed and noticed in compliance with Government Code section 11346.4. The NOPA explained that CDFW was proposing to add section 723 to title 14 of the California Code of Regulations to implement Fish and Game Code section 1612. Section 1612 authorizes CDFW to suspend or revoke a lake or streambed alteration agreement (agreement) when the permittee fails to comply with the terms of their agreement or fails to provide timely status reports, provided CDFW gives the permittee an opportunity to correct any deficiency before CDFW suspends or revokes the agreement.
The comment period on the proposed regulation ended on June 18, 2024. Several comments urged CDFW to give permittees an opportunity to appeal CDFW’s determinations of noncompliance, suspension, and revocation, as set forth in the proposed regulation, arguing the regulation does not afford permittee’s adequate due process. In response to these and other comments, CDFW has modified the regulation as originally proposed and is providing this notice in accordance with Government Code section 11346.8(c) and title 1, section 44 CCR.
The regulation with the proposed changes indicated in double underline (for added text) and single strikeout (for removed text) is attached to this notice.
Any interested person, or their authorized representative, may submit written comments by mail or email on the proposed revisions to:
California Department of Fish and Wildlife
Attn.: Mike Randall, Regulations Unit
PO Box 944209
Sacramento CA 94244-2090
Email: regulations@wildlife.ca.gov (please mention in the subject line, “723 LSA Revisions”).
Comments must be received by December 5, 2024. When commenting, please indicate the proposed rulemaking action to which your comment refers. All written comments received by December 5, 2024, which pertain to the indicated changes will be considered by CDFW and will be summarized and responded to in the Final Statement of Reasons.
Public Hearing Webinar Information
June 11, 2024
When: Jun 18, 2024 at 11:00 a.m. Pacific Time (US and Canada)
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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(opens in new tab)). 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.
Location: Teleconference and Webinar
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The current rulemaking file for this proposal consists of the following documents: