California Environmental Quality Act (CEQA)

THE DEPARTMENT OF FISH AND GAME'S ROLE IN ENVIRONMENTAL REVIEW

The Department may play various roles under the California Environmental Quality Act (CEQA) process. The Department is always a Trustee Agency, but under certain circumstances it may also be a Lead Agency or a Responsible Agency. Also, by State law the Department has jurisdiction over the conservation, protection, and management of wildlife, native plants, and habitat necessary to maintain biologically sustainable populations. The Department shall consult with lead and responsible agencies and shall provide the requisite biological expertise to review and comment upon environmental documents and impacts arising from project activities.

Trustee Agency Role

A Trustee Agency has jurisdiction over certain resources held in trust for the people of California. The Department is one of four trustee agencies. The others include the State Lands Commission, the Department of Parks and Recreation, and the University of California. Trustee agencies are generally required to be notified of CEQA documents relevant to their jurisdiction, whether or not these agencies have actual permitting authority or approval power over aspects of the underlying project (CEQA Guidelines, Section 15386). The Department is always a trustee agency and must be notified when CEQA projects involve fish and wildlife of the state, rare and endangered native plants, wildlife areas, and ecological reserves. Although the Department cannot approve or disapprove a project as a Trustee Agency, lead and responsible agencies are required to consult with the Department. As the trustee agency for fish and wildlife resources, the Department provides requisite biological expertise to review and comment upon CEQA documents, and make recommendations regarding those resources held in trust for the people of California (Fish and Game Code Section 1802).

Lead Agency Role

A Lead Agency is the California government agency with principle responsibility for carrying out or approving a project, and therefore is principally responsible for preparing a CEQA document. The lead agency determines whether a negative declaration or environmental impact report (EIR) will be prepared (CEQA Statutes, Sections 21080.3 and 21104.2; Guidelines, Sections 15050 and 15367). The Department functions as a lead agency when it proposes to carry out its own projects. These include projects in state wildlife areas, state fish hatcheries, and habitat or stream restoration projects. Additionally, the Department is the lead agency when it is the only agency issuing a permit and no other agency is involved, as is sometimes the case with Streambed Alteration Agreements.

Responsible Agency Role

A Responsible Agency is an agency other than the lead agency that has a legal responsibility for carrying out or approving a project. A Responsible Agency must actively participate in the Lead Agency’s CEQA process, review the Lead Agency’s CEQA document and use that document when making a decision on the project. The Responsible Agency must rely on the Lead Agency’s environmental document to prepare and issue its own findings regarding the project (CEQA Guidelines, Sections 15096 and 15381). The Department takes on the role of a responsible agency when a lead agency requires a 1600 Streambed Alteration Agreement or a 2081(b) California Endangered Species Act (CESA) Incidental Take Permit for a project. The Department must rely on the environmental document prepared by the Lead Agency to make a finding and decide whether or not to issue an incidental take permit.

CEQA Filing Fees

Pursuant to California Fish and Game Code section 711.4 the Department shall impose a filing fee for all projects subject to CEQA. These filing fees are collected to defray the costs of managing and protecting fish and wildlife resources including, but not limited to, consulting with public agencies, reviewing environmental documents, recommending mitigation measures, and developing monitoring programs. Project applicants need not pay a filing fee in cases where a project will have no effect on fish and wildlife, as determined by the Department, or where their project is statutorily or categorically exempt from CEQA. The fees for filing environmental documents were last updated January 1, 2008 Pursuant to Fish and Game Code Section 711.4. Read More