§ 786.3. Voluntary Local Program Review and Authorization.
14 CA ADC § 786.3Barclays Official California Code of Regulations
Barclays California Code of Regulations
Title 14. Natural Resources
Division 1. Fish and Game Commission--Department of Fish and Game (Refs & Annos)
Subdivision 3. General Regulations
Chapter 6. Regulations for Implementation of the California Endangered Species Act and Native Plant Protection Act
Article 2. Take Incidental to Routine and Ongoing Agricultural Activities
14 CCR § 786.3
§ 786.3. Voluntary Local Program Review and Authorization.
A voluntary local program shall be submitted, reviewed and authorized in accordance with this section. During its review of a local program, the Department may extend any of the time periods specified in this section for a period of no more than 15 days by providing written notice of the extension to the designated representative, and including an explanation of the reason additional time is required.
(a) Early Review. Before submitting the voluntary local program including the environmental analysis element for review, the voluntary local program representatives may request a meeting with the Regional Manager or the Regional Manager's designee for an unofficial review of the voluntary local program. The Regional Manager or the Regional Manager's designee is encouraged to meet with representatives of the voluntary local program upon request.
(b) Department liaison. Within 14 days of receiving a request for consultation or the submittal of a voluntary local program, the Department shall designate a staff person at its appropriate regional office to serve as the primary contact with program sponsors during the consultation and review processes. This designated liaison will be responsible for working with the voluntary local program's designated representative and for responding to inquiries from voluntary local program sponsors, keeping program sponsors informed of the status of the Department's review of the voluntary local program, and assisting with communication of Department comments and questions to program sponsors.
(c) Review of Voluntary Local Program. The voluntary local program shall be submitted to the Department for review. The Department shall conduct an initial review of the plan to determine whether the submissions are complete. Within 60 days after receipt of the local program plan, the Department shall report to the local program designee whether the local program as submitted is complete.
(2) If the plan is complete, the Department shall conduct a review of the environmental analysis and make any revisions in the environmental analysis that the Department deems necessary or appropriate to accurately describe the voluntary local program and its potential effects on the environment. If the Department makes any revisions to the environmental analysis, the Department shall inform the designee about the revisions before making the materials, including the program plan and the revised environmental analysis, available for public review in order to give the voluntary local program the opportunity to withdraw the proposed program before public review.
(d) Lead Agency -- Public Review and Comment. When the Department is acting as CEQA lead agency, after the program plan and any environmental analysis have been reviewed, the Department shall make all materials, including the local program plan and environmental analysis, available for public review at the headquarters of the region in which the plan was submitted and at the Department's headquarters in Sacramento.
(1) Notice of Public Availability. The Department shall distribute copies of a Notice of Public Availability announcing that the voluntary local program and related documents are being made available for public review and comment. A minimum of 30 days shall be allowed for public review and comment after distribution of a Notice of Public Availability. The Notice of Public Availability shall include the following:
(e) External Consultation. The Department shall consult with and request written comments from the Department of Food and Agriculture, county agricultural commissioner(s) of the county or counties in which the local program is proposed, and all public agencies with jurisdiction by law over the activity to be covered by the local program. The consultations shall occur during the public comment period when the Department is acting as CEQA lead agency and during the 75-day local program review period when the Department is acting as CEQA responsible agency. In their comments, the Department of Food and Agriculture and the county agricultural commissioner(s) shall consider if the proposed voluntary local program is consistent with the economics of the agricultural operations.
(f) Department's Authorization of the Voluntary Local Program. Within 75 days of the close of the public comment period when the Department is acting as CEQA lead agency, and within 75 days of the Department's determination that the submitted local program is complete when the Department is acting as CEQA responsible agency, the Department shall take one of the following actions:
(2) If the Department determines that changes in the voluntary local program are necessary, the Department shall promptly communicate that determination and proposed changes to the voluntary local program's designated representative. With the consent of the voluntary local program designee, the Department may make changes in the voluntary local program and authorize the revised local program provided the revisions do not require further environmental analysis or public notice.
(3) For every significant adverse environmental effect that has been identified for a local program, one or more of the findings required by section 21081 of the Public Resources Code. The Department may not approve any local program for which significant adverse environmental effects have been identified if feasible alternatives or feasible mitigation measures are available that would substantially lessen a remaining significant adverse environmental effect and those alternatives or measures have not been incorporated into the local program. For purposes of these findings:
Credits
Note: Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2062, 2067, 2068 and 2086, Fish and Game Code.
History
1. New section filed 12-31-98; operative 12-31-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
2. Amendment of section heading and repealer and new section filed 8-28-2002; operative 9-27-2002 (Register 2002, No. 35).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 14, § 786.3, 14 CA ADC § 786.3
End of Document |