(1) Sufficient Scientific Information. The department's evaluation report, required pursuant to Section 2073.5 of the Fish and Game Code, shall contain an evaluation of whether or not the petition provides sufficient scientific information on the following petition components of Section 2072.3 of the Fish and Game Code to indicate that the petitioned action may be warranted:

(1) Rejection of Petition by Commission. Pursuant to Section 2074.2 of the Fish and Game Code, a petition will be rejected by the commission if it fails to include sufficient scientific information under the categories of Section 2072.3 of Fish and Game Code (subsections (d)(1)(A) through (L) above) that the petitioned action may be warranted. If the commission finds that the petition does not provide sufficient information to indicate that the petitioned action may be warranted, a notice of finding that the petition is rejected, including the reason for objections, will be published in the California Regulatory Notice Register.

(2) Acceptance of Petition by Commission. If the commission finds that the petition provides sufficient information to indicate that the petitioned action may be warranted, a notice of finding that the petition is accepted for consideration will be published in the California Regulatory Notice Register. If the petitioned action is to add a species to the threatened or endangered species list, the notice will declare the species a candidate.

(1) Recommendations for Management and Recovery. Pursuant to Section 2074.6 of the Fish and Game Code, the department's status report shall contain a preliminary identification of the habitat which may be essential to the continued existence of the species and recommendations for management activities and other recommendations for recovery of the species.

(2) Solicitation of Data and Comments. In satisfying the requirements of Section 2074.4 of the Fish and Game Code, the department shall solicit both existing data on the candidate species from independent sources and comments on the petitioned action. During the status review period the department shall seek independent and competent peer review of the department status report whenever possible. For purposes of these regulations, peer review is defined as the analysis of a scientific report by persons of the scientific/academic community commonly acknowledged to be experts on the subject under consideration, possessing the knowledge and expertise to critique the scientific validity of the report. The department shall include in the status report a listing of the individuals and agencies that were given an opportunity to review the status report prior to its submittal to the commission. Any comments received shall also be included in the status report.

(3) Review Period for Department-Initiated Petitions. When a department-initiated petition is accepted by the commission for consideration, commission staff shall schedule receipt of the department's report prepared pursuant to Section 2074.6 of the Fish and Game Code for a commission meeting no sooner than 90 days from the date the notice of candidate species is published in the California Regulatory Notice Register.

(1) Commission Meetings for Receipt of Report and Making of Finding. The commission shall receive the department's status report at a regularly scheduled meeting and provide for final consideration of the petition at the next scheduled meeting. Agendas for both of these meetings shall be distributed to all individuals requesting such notification.

(2) Upon Receipt by the Commission Office, Availability of Status Report. The Department's status report shall be made available for public review.

(1) Time of Submission. Public comments, including critiques, rebuttals or comments on the petition or on the department's status review report, may be submitted in writing to the commission office or presented as oral or written testimony at the finding hearing on the petition. Interested part77ies who wish to submit a detailed written scientific report to the commission on the petitioned action must submit such report not later than the time the department submits its report pursuant to Section 2074.6 of the Fish and Game Code. Detailed scientific reports received after the department submits its review report may not be considered. The department shall provide interested parties with a preliminary estimation of the date the status review report will be submitted to the commission. Such estimations will be provided only upon written request and shall not obligate the department to submit the report at the time identified. The department shall reserve the right to submit the report at a later or earlier date. If, however, the report will be submitted appreciably earlier or later than the estimated date, the department shall notify those who made written requests at the earliest possible time. (Parties planning to submit scientific reports are encouraged to coordinate with the department during its review period and to share scientific information useful to the department in its review.)

(2) Solicitation of Comments. Interested individuals who wish to submit a detailed scientific report pursuant to subsection 670.1(h)(1) above may seek independent and competent peer review of this report prior to submission. All comments from the reviewers shall be included with the report to verify that peer review has been solicited. Failure to obtain peer review of privately prepared detailed scientific reports may be a factor considered by the Commission in its final determination on the petition.

(3) Availability of Detailed Scientific Report from Interested Individuals. Detailed scientific reports from private individuals shall be made available for public review upon receipt by the Commission office.

(1) Petition Action Warranted.

(2) Petitioned Action Not Warranted. The commission shall enter its findings in the public records and the subject species shall revert to its status prior to the filing of the petition.