California Code of Regulations
Title 14 - Natural Resources
Division 1 - Fish and Game Commission-Department of Fish and Game
Subdivision 3 - General Regulations
Chapter 4 - Procedural Regulations for Implementation of the California Environmental Quality Act of 1970
Article 3 - Fish and Game Review Procedures for EIRs and Negative Declarations
Section 781.5 - Regulation Procedure

(a) When the department submits a recommendation to the commission with regard to adopting regulations which may have a significant effect on the environment, or it is anticipated that a substantial body of opinion will reasonably consider the environmental effect to be adverse, the recommendation shall be presented in written form containing:

(b) Recommendations from the department shall consider the relevant portions of policies declared by the state legislature and the commission dealing with the management of fish and wildlife resources.

(c) Recommendations received from any person other than the department shall be considered as a comment on, or counter proposal to, the recommendations received from the department, and a written response shall be prepared by the department.

(d) The commission will evaluate proposals according to how well the recommendations would achieve the purposes and policies of fish and wildlife management described in the Fish and Game Code, and in Division 1, Title 14, California Administrative Code.

(e) After receipt of the recommendation from the department, the commission shall consult with all other public agencies having jurisdiction by law with respect to the activities involved in the recommendation.

(f) Notice of the filing of the recommendation by the department shall be made to the public following the statutory requirements of the Fish and Game Code. The notification shall be provided early enough that people will have at least 30 days, or until the next meeting, whichever occurs first, to respond to the recommendation before the commission takes its action. Notice shall also be mailed to any person who requests in writing such notification.

(g) The commission will not adopt regulations as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment, unless specific economic, social or other conditions make infeasible such project alternatives or such mitigation measures.

(h) The final action on the adopting of regulations shall include the written response of the commission to significant environmental points raised during the evaluation process by other public agencies and members of the public. Responses to comments received prior to the final public meeting when the commission must take its action will be prepared in writing prior to the meeting. Responses to comments received at the final meeting may be made orally by the commission during the meeting. Such oral responses will be included in the official written minutes of the meeting.

(i) Notice of the adoption of a regulation adopted pursuant to Section 21080.5, Public Resources Code, shall be filed with the Secretary for Resources. The notice shall be available for public inspection and shall remain posted for a period of 30 days.