Current through Register 2024 Notice Reg. No. 38, September 20, 2024
If a project for which Fish and Game has assumed the role
of Lead Agency is subject to the requirements of CEQA, and not found to be
exempt, the lead unit shall conduct an Initial Study to determine if the
project may have a significant effect on the environment unless the lead unit
can determine that the project will clearly have a significant effect.
If any aspects of the project, either individually or
cumulatively, may cause a significant effect on the environment, regardless of
whether the overall effect of the project is adverse or beneficial, then an EIR
must be prepared. All phases of project planning, implementation, and operation
must be considered in the Initial Study of the project. To meet the
requirements of this section, the Lead Agency may use an Initial Study prepared
pursuant to the National Environmental Policy Act. The purposes, contents,
uses, submission of data, format and consultation required shall be in
accordance with Section
15080 of the State EIR
Guidelines.
Early consultation shall include all responsible
agencies, agencies with legal jurisdiction over natural resources affected by
the project, and appropriate Fish and Game personnel, including Regional
Environmental Services Supervisors and/or Environmental Services Branch.
Information from the Initial Study and comments obtained
through consultation shall assist the lead unit in determining whether or not
the project may have a significant effect on the environment.
If any aspects of the project, either individual or
cumulative, may cause a significant effect on the environment, and EIR must be
prepared. If no significant effects are found, a Statement of Negative
Declaration is required.
(a) Purposes.
The purposes of an Initial Study are to:
(1)
Identify environmental impacts;
(2)
Enable modification of a project, mitigating adverse impacts before an EIR is
written:
(3) Focus an EIR, if one
is required, on potentially significant environmental effects;
(4) Facilitate environmental assessment early
in the design of a project;
(5)
Provide documentation of the factual basis for the finding in a Negative
Declaration that a project will not have a significant effect on the
environment;
(6) Eliminate
unnecessary EIRs.
(b)
Contents. An Initial Study shall contain in brief form:
(1) A description of the project;
(2) An identification of the environmental
setting;
(3) An identification of
environmental effects by use of a checklist, matrix, or other method;
(4) A discussion of ways to mitigate the
significant effects identified, if any;
(5) An examination of whether the project is
compatible with existing zoning and plans;
(6) The name of the person or persons who
prepared or participated in the Initial Study.
(c) Uses.
(1) The Initial Study shall be used to
provide a written determination of whether a Negative Declaration or an EIR
shall be prepared for a project.
(2) Where a project is revised in response to
an Initial Study so that potential adverse effects are mitigated to a point
where no significant environmental effects would occur, a Negative Declaration
shall be prepared instead of an EIR. If the project would still result in one
or more significant effects on the environment after mitigation measures are
added to the project, an EIR shall be prepared.
(3) The EIR shall emphasize study of the
impacts determined to be significant and can omit further examination of those
impacts found to be clearly insignificant in the Initial
Study.
(d) Submission of
Data. If the project is to be carried out by a private person or private
organization, Fish and Game may require such person or organization to submit
data and information which will facilitate preparation of the Initial
Study.
(e) Determining Significant
Effect.
(1) The determination of whether a
project may have a significant effect on the environment calls for careful
judgment on the part of the public agency involved based to the extent possible
on scientific and factual data. Prior to determining whether a Negative
Declaration or Environmental Impact Report is required for a project, the lead
unit will consult with all responsible agencies and all Trustee Agencies
responsible for resources affected by the project as required by Section
15066(b) of the State EIR Guidelines. If a substantial body of opinion
considers the effects of the project to be adverse, Fish and Game should
prepare an EIR to explore the environmental effects involved.
(2) In evaluating the significance of the
environmental effect of a project, the responsible Fish and Game unit shall
consider both primary or direct and secondary or indirect consequences. Primary
consequences are immediately related to the project (the construction of a new
treatment plant may facilitate population growth in a particular area), while
secondary consequences are related more to primary consequences than to the
project itself (an impact upon the resource base, including land, air, water
and energy use of the area in question may result from the population
growth).
(f) Mandatory
Findings of Significance. A project shall be found to have a significant effect
on the environment if:
(1) The project has
the potential to degrade the quality of the environment, substantially reduce
the habitat of a fish or wildlife species, cause a fish or wildlife population
to drop below self sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a rare or endangered
plant or animal, or eliminate important examples of the major periods of
California history or prehistory.
(2) The project has the potential to achieve
short-term environmental goals to the disadvantage of long-term environmental
goals;
(3) The project has possible
environmental effects which are individually limited but cumulatively
considerable. As used in this subsection, "cumulatively considerable" means
that the incremental effects of an individual project are considerable when
viewed in connection with the effects of past projects, the effects of other
current projects, and the effects of probable future projects;
(4) The environmental effects of a project
will cause substantial adverse effects on human beings, either directly or
indirectly.
During this Initial Study, the lead unit should consult
with other appropriate Fish and Game personnel, including Regional
Environmental Services Supervisors and/or the Environmental Services Branch for
assistance.
Note: Authority cited: Section
21080.5,
Public Resources Code; Section
15050 of the State EIR Guidelines.
Reference: Section
21080.5,
Public Resources Code; Section
15050 of the State EIR
Guidelines.
