California Code of Regulations
Title 14 - Natural Resources
Division 1 - Fish and Game Commission-Department of Fish and Game
Subdivision 3 - General Regulations
Chapter 2 - Commission Business Practices and Procedures
Section 662 - Petitions for Regulation Change

Universal Citation: 14 CA Code of Regs 662

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

The following rules and procedures govern the submission and review of petitions for adding, amending, or repealing regulations under the authority of the commission:

(a) Petition Requirement. Except for the department, every person or agency recommending that a regulation be added, amended, or repealed must submit a petition to the commission using the authorized petition form (PETITION TO THE CALIFORNIA FISH AND GAME COMMISSION FOR REGULATION CHANGE, FGC 1 (Rev 06/19), which is incorporated by reference herein), available at www.fgc.ca.gov.

(b) Staff Review of Petition: A petition will be rejected by commission staff if it is not submitted on form FGC 1 (Rev 06/19), if it fails to contain necessary information in each of the required categories listed on FGC 1, or if it does not pertain to regulations under the commission's authority. A rejected petition will be returned to the petitioner by the commission staff within 10 working days of receipt.

(c) Transmittal of Petition to the Department: An accepted petition may be forwarded to the department for initial evaluation.

(d) Commission Action on Petition: An accepted petition will be scheduled for consideration at the next available commission meeting. The commission will consider the petition, the commission staff's recommendation, department's initial evaluation, if any, and any oral or written public comments received, and take one of the following actions:

(1) If the commission finds that the petition does not provide sufficient information to indicate that the petitioned change may be warranted, the commission may deny the petition.

(2) If any petition requesting a functionally equivalent regulation change was considered within the previous 12 months and no information or data is being submitted beyond what was previously submitted, the commission may deny the petition.

(3) If the commission finds that the petition provides sufficient information to indicate that the petitioned change may be warranted, the commission may grant the petition for further consideration and add the petitioned change to its rulemaking schedule. Further proceedings of the commission on the petitioned change will be held in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

1. New section filed 7-31-2015; operative 10-1-2015 (Register 2015, No. 31).
2. Change without regulatory effect amending subsections (a)-(b) filed 8-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 32).

Note: Authority: Section 108, Fish and Game Code. Reference: Sections 108 and 207, Fish and Game Code.

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