March 24, 2017
The California Department of Fish and Wildlife (Department) proposes to adopt regulations regarding Scientific Collecting Permits (SCP) in sections 650 and 703, Title 14, California Code of Regulations.
The Department proposes to strike and replace the existing SCP regulations in Section 650 to achieve five goals for improving SCP administration and operation. The proposed regulations would make SCP implementation consistent with 2012 statutory changes, overhaul the permitting structure for implementation in an online application system, provide a revised fee schedule that mirrors the revised permit structure towards improved cost recovery, incorporate by reference the updated SCP application, renewal and amendment forms, and clarify administrative procedures as requested by the regulated community to improve the Department’s review and issuance of SCPs.
The proposed regulations and accompanying forms seek to provide a cohesive, organized permitting framework with adequate funding and staffing, improved clarity to definitions and procedures, with the goal of improving the level of service for applicants and Permitholders.
In accordance with the Administrative Procedure Act, the Department provided notice of the proposed regulatory action to the Office of Administrative Law for publication in the California Regulatory Notice Register on March 24, 2017.
The public notice period begins a 45-day review process during which interested individuals may comment on the proposed rulemaking. Any interested person, or his or her authorized representative, may submit written comments on the proposed action to the Department. All written comments must be received by the Department via mail, or email, no later than 5:00 p.m. on May 8, 2017, to the contact as follows:
California Department of Fish and Wildlife
Regulations Unit - Scientific Collecting Permits
Attn: Ona Alminas, Environmental Scientist
1416 Ninth Street, Room 1342-A
Sacramento, CA 95814
The Department will hold a public hearing on Monday, May 8, 2017, from 9:30 a.m. to 11:30 a.m. at the Natural Resources Building, Resources Auditorium, 1416 9th Street, Sacramento, California. The Resources Auditorium is wheelchair accessible. At the public hearing, any person may present statements or arguments orally or in writing relevant to the proposed action described in the Notice (Informative Digest).*
The current rulemaking file for this proposal consists of the following documents:
- Notice of Proposed Rulemaking
- Proposed Title 14, Section 650 Regulatory Text (as shown by underline)
- Proposed Title 14, Section 703 Regulatory Text (as shown by underline)
- Initial Statement of Reasons (ISOR)
- SCP Fiscal Analysis (attachment to ISOR)
- Economic and Fiscal Impact Statement (Form 399)
- Twelve forms to be incorporated by reference into Title 14, Section 703, CCR:
Before Reading the Forms: The Department recommends that interested parties review the proposed regulations (Title 14, sections 650 and 703) alongside with the Initial Statement of Reasons (ISOR) to understand the justification of the proposed regulations and forms. This proposal includes two different permit use levels (a “General” use, and a “Specific” use) that constitute two different permit types with varying fees by permitholder type. If the Authorizations listed in each “General” use application (by taxonomic review program, as defined in subsection 650(d)) do not meet the applicant’s needs in terms of taxonomic groups/ species and numbers, locations, methodology and equipment, etc., the applicant would apply for a “Specific” use permit instead. The permit use levels are detailed under proposed 650 regulations, subsection (i) (pages 8-9), ISOR, Goal 2 (pages 7-10, and 21-23), ISOR, Description of Reasonable Alternatives (pages 72-74), as well as the SCP Fiscal Analysis, Alternative 2 (pages 9-11). Please continue to apply for, or renew, an SCP with the existing application form (DFW 1379, rev. 11/2/2016), and apply for amendment to your existing permit with the existing amendment form (DFW 1379e, rev. 11/2/2016) until the proposed regulations are effective (anticipated fall 2017), or as otherwise announced by the Department.
*Persons with disabilities needing reasonable accommodation to participate in the public meetings or other CDFW activities are invited to contact the Accessibility Coordinator at (916) 651-1214. Reasonable accommodation requests for facility and/or meeting accessibility should be received at least 21 days prior to the event. Requests for American Sign Language interpreters should be submitted at least two weeks prior to the event, and requests for Real-Time Captioning should be submitted at least four weeks prior to the event. These timeframes are to help insure that the requested accommodation is met. If a request for an accommodation has been submitted but due to circumstances, is no longer needed, please contact the Accessibility Coordinator immediately.