Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Director shall review and render a
decision regarding incidental take permit applications in accordance with this
section. On-site inspections by the Department may be required prior to a final
decision by the Director.
(b)
Initial review. The Department shall complete an initial review of each
incidental take permit application within 30 days of receipt. If the Department
determines that the application is complete, it shall notify the applicant that
the application has been accepted and shall commence review of the permit
application in accordance with section
783.5(c) or
section 783.5(d), as
applicable. This determination shall be based solely on whether the applicant
has provided information responsive to each required element of sections
783.2 and
783.3 and shall not be based on
the merits of the application. If an incomplete or improperly executed
application is submitted, the Department shall return the application to the
applicant with a description of the deficiency. The applicant shall have 30
days from receipt of the returned application to correct the deficiency and
re-submit the application. If the Department takes no action within 30 days of
receipt, the application shall be deemed complete. The Department may require
supplementary information during the application review process after the
application is determined to be complete, or is deemed complete, pursuant to
this subsection.
(c) Department as
CEQA responsible agency. If the Department is a responsible agency for purposes
of CEQA, the Department shall act in accordance with California Code of
Regulations, title 14, section
15096 and other applicable
provisions of CEQA and the CEQA Guidelines, California Code of Regulations,
title 14, section
15000, et seq.. The Director shall
decide whether an incidental take permit can be issued under this article, in
accordance with CEQA and the CEQA Guidelines, based on a review of the
application; the environmental impact report, mitigated negative declaration or
negative declaration, or other environmental documentation prepared pursuant to
a regulatory program certified pursuant to Public Resources Code section
21080.5
(and listed in title 14, California Code of Regulations, section
15251), prepared by the lead
agency; the lead agency's findings under Section
21081
of the Public Resources Code; and any other available, relevant information
included in the record by the Department.
(1)
If the Department determines that it will not proceed with any of the actions
specified in California Code of Regulations, title 14, section
15096(e), the
Director shall approve the application and issue a permit, or deny an
application, in accordance with this article as soon as possible and no later
than the latest of the following dates:
(A) 90
days from the date on which the lead agency approved the activity. However, the
Department shall, at the request of the applicant, commence processing the
application as soon as the information necessary to commence the processing is
available.
(B) 90 days from the
date on which the application was accepted as complete by the
Department.
(C) If the Department
makes a written finding that additional time is necessary due to the complexity
of the application or the scope and duration of the requested permit, the 90
day periods for acting upon the permit application may be extended an
additional 60 days to at total of 150 days.
(2) If the Director decides to approve the
application, the Director shall make findings substantiating compliance with
section 783.4 and shall make the findings
required of a CEQA responsible agency under California Code of Regulations,
title 14, section
15096(h). The
Director shall then issue the incidental take permit. Within five working days
after the issuance or amendment of a permit, the Department shall file a notice
of determination under California Code of Regulations, title 14, section
15096(i).
(3) If the Director decides to deny the
application, the Director shall return the application to the applicant with a
written statement of the basis for the denial and a description of any measures
the Director deems necessary in order for the application to be
approved.
(d) Department
as lead agency. If the Department is the lead agency under CEQA for purposes of
issuing an incidental take permit, the application shall be reviewed, and
approved or denied in accordance with this subsection. The Director shall
approve an application and issue a permit, or deny the application, under this
subsection no later than 120 days from the date on which the completed
application is accepted as complete by the Department; provided, however, that
the Department may extend this time to no later than 180 days from the date the
application is accepted upon a written finding that the extension is necessary
due to the complexity of the application or the scope and duration of the
requested permit.
(1) Review of environmental
analysis. After accepting a completed application, the Department shall review
the analysis submitted by the applicant pursuant to section
783.3 and make any revisions that
the Director deems necessary or appropriate to comply with CEQA.
(2) Notice of Public Availability of
application.
(A) Public review and comment.
Once the Department has reviewed and revised the analysis, it shall make the
application and analysis available for public review at the headquarters of the
region in which the application was submitted and shall distribute copies of a
Notice of Public Availability. A minimum of 30 days following distribution of
the Notice of Public Availability shall be allowed for public review and
comment regarding the application. The Notice of Public Availability shall
include the following:
1. the name of the
applicant;
2. a brief description
of the project or activity for which the permit is sought and its
location;
3. the common and
scientific names of the species to be covered by the permit;
4. the date on which the Department accepted
the application;
5. a description
of how copies of the application and analysis can be obtained;
6. the name and telephone number of a contact
person within the Department who can answer questions regarding the
application; and
7. a statement
that the Department seeks written comments from the public regarding the
application and analysis, an address to which the comments should be sent, and
the deadline for submission of the comments.
(B) Distribution of notice. Copies of the
Notice of Public Availability shall be distributed as follows:
1. A copy shall be sent to the office of the
County Clerk of the county in which the proposed project or activity would take
place and, if applicable, to the planning department of the city with
jurisdiction over the project or activity, for posting at the customary place
for posting environmental matters.
2. If the Director determines that the
proposed project or activity is of Statewide significance, a copy shall be
filed with the Office of Planning and Research.
3. A copy shall be sent to any other person
upon written request.
4. Copies of
the Notice of Public Availability may also be posted or made available at such
other locations as the Director deems desirable and feasible to provide
adequate public notice.
(3) Consultation. Concurrent with the
distribution of the Notice of Public Availability, the Department shall consult
with, and request written comments from, all public agencies with jurisdiction
by law over the project or activity for which the permit is sought.
(4) Response to comments. The Department
shall prepare a written summary and response to all significant environmental
points raised during review of the application.
(5) Issuance of permit. The Director's
decision regarding the application shall be based on the application and
analysis, the written summary and response to significant environmental points,
and any other available, relevant information included in the record by the
Department. The Director shall determine whether or not to issue an incidental
take permit pursuant to this article and, in addition, shall determine whether
the project or activity, as proposed, may result in any significant adverse
environmental effects in addition to the impacts of taking species to be
covered by the permit, and, if so, whether feasible alternatives or feasible
mitigation measures would avoid or substantially lessen any significant adverse
effects. The Director shall not approve the application, as proposed, if there
are feasible mitigation measures or alternatives which would substantially
reduce any significant adverse effects. If significant adverse effects will
likely result even after the inclusion of feasible mitigation measures or
alternatives, the Director may approve the application if the Director first
makes findings in accordance with the provisions of Section
21081
of the Public Resources Code.
(A) If the
Director decides to approve the application, the Director shall make findings
substantiating compliance with section
783.4 and this subsection (d)(5).
The Director shall then issue the incidental take permit.
(B) If the Director decides to deny the
application, the Director shall return the application to the applicant with a
written statement of the basis for the permit denial and a description of any
measures the Director deems necessary in order for the application to be
approved.
(6) Notice of
decision. Within five working days of issuing an incidental take permit or
denying an application under this subsection(d), the Director shall file a
Notice of Decision, which indicates whether the proposed permit will, or will
not, have a significant effect on the environment, with the Secretary of the
Resources Agency. The Notice of Decision shall include a statement that the
Director approved the application and has issued an incidental take permit, or
that the Director denied the application.
1. New
section filed 12-30-98; operative 12-30-98 pursuant to Government Code section
11343.4(d)
(Register 99, No. 1).
Note: Authority cited: Sections
702 and
2081(d),
Fish and Game Code; and Section
21080.5,
Public Resources Code. Reference: Section
2081(b),
Fish and Game Code; and sections
21002.1,
21069,
21080.1,
21080.3,
21080.4,
21080.5
and
21165,
Public Resources Code.
