Proposed Action: Prescribed Herbivory on Department Lands

Notice of Department Rulemaking: Prescribed Herbivory on Department Lands (Add Section 685 Title 14, California Code of Regulations (CCR))

August 9, 2024

The California Department of Fish and Wildlife (Department) has published the Notice of Proposed Action to add Section 685 to Title 14, California Code of Regulations (CCR).

Fish and Game Code Section 1010 authorizes the Department to enter into service contracts, by and with the approval of the Department of General Services, and sell grazing permits or otherwise dispose of excess vegetation or other products, produced on lands acquired by the Department.

This proposed regulatory action clarifies the Department’s authority to enter into service contracts for vegetation treatment activities using prescribed herbivory treatments, including targeted grazing, for fuels reduction and/or habitat restoration purposes on Department-managed lands. Furthermore, the proposed action will specify the types of animals that can be used for prescribed herbivory treatments (cows, sheep, and goats). The proposed changes will support and expand fire resiliency work in diverse vegetation communities on Department lands across the state. In some circumstances, prescribed herbivory is a tool that is more feasible, cost-effective and less damaging to the environment than mechanical removal of overgrown vegetation.

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 August 9th, 2024.

Written Comment Period

Any interested person, or their 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 September 24, 2024, to the contact as follows:

California Department of Fish and Wildlife
Regulations Unit
Attn: Daphne Nandino, 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, September 24, 2024
Time: 1:00 p.m. to 2:00 p.m.
Location: Teleconference

Join the teleconference

Documents

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

• Notice of Proposed Action: Add Section 685, Title 14, CCR (PDF)
• Initial Statement of Reasons (ISOR): Add Section 685, Title 14, CCR (PDF)
• Proposed Regulatory Language: Add Section 685, Title 14, CCR (PDF)
• Documents Relied Upon:
  • California Board of Forestry and Fire Protection, 2015. Prescribed Herbivory For Vegetation Treatment Projects, prepared by the Range Management Advisory Committee (PDF). Available from https://bof.fire.ca.gov/media/nc4n1xgj/4-4-rmac-prescribed-herbivory-white-paper.pdf
  • State of California, 2021. Governor’s Wildfire and Forest Resilience Action Plan. Available from: https://wildfiretaskforce.org/action-plan/
  • State of California, 2020.Executive Order (EO) 82-20 (California’s 30 x 30 initiative) (PDF). Available from https://www.gov.ca.gov/wp-content/uploads/2020/10/10.07.2020-EO-N-82-20-.pdf
• STD 399: Economic and Fiscal Impact Statement (available by request by sending an email to Regulations@wildlife.ca.gov with the subject line, "STD 399 Request – Prescribed Herbivory 685 Regulation")