Amend section 165 (Re: Commercial harvest of kelp and other aquatic plants), amend Section 165.5 (lease of kelp beds for exclusive harvest of Macrocystis and Ne

Summary

SCH Number
2022020625
Public Agency
California Fish and Game Commission (CDFGC)
Document Title
Amend section 165 (Re: Commercial harvest of kelp and other aquatic plants), amend Section 165.5 (lease of kelp beds for exclusive harvest of Macrocystis and Ne
Document Type
NOE - Notice of Exemption
Received
Posted
2/25/2022
Document Description
Amend regulations related to the commercial harvest of kelp and other aquatic plants; lease of kelp beds for exclusive harvest of Macrocystis and Nereocystis, and commercial kelp harvesting and drying application, and monthly harvest reports)

Contact Information

Name
Melissa Miller-Henson
Agency Name
California Fish and Game Commission
Job Title
Executive Director
Contact Types
Lead/Public Agency

Location

Cities
n/a
Counties
Del Norte, Humboldt, Los Angeles, Marin, Mendocino, Monterey, Orange, San Diego, San Francisco, San Luis Obispo, San Mateo, Santa Barbara, Santa Cruz, Sonoma, Ventura
Regions
Statewide
Other Location Info
state waters in coastal California, including offshore islands

Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
14 CCR 15307 & 15308
Reasons for Exemption
The California Fish and Game Commission (Commission) has taken final action under the Fish and Game Code and Administrative Procedure Act with respect to the proposed project mentioned on February 16, 2022. In taking its final action for the purposes of the California Environmental Quality Act (CEQA, Pub. Resources Code, Section 21000 et seq.), the Commission adopted the amendments to sections 165 and 165.5, and Appendix A and the addition of Section 705.1 relying on the categorical exemption for “Actions by Regulatory Agencies for Protection of Natural Resources and the Environment” contained in CEQA Guidelines sections 15307 and 15308 [California Code of Regulations (CCR), Title 14, sections 15307, 15308]. Categorical Exemption from California Environmental Quality Act (CEQA) Review In adopting the amendments to sections 165 and 165.5, and Appendix A, and adding Section 705.1, Title 14, CCR, the Commission relied, for purposes of CEQA, on the Class 7 and 8 categorical exemptions. The exemptions are related to agency actions to maintain and protect natural resources and the environment. The Title 14 amendments imposing bull kelp harvest limits in Del Norte and Humboldt counties and a closure in Mendocino and Sonoma counties, are not expected to lead to any significant increase in other algae take. Therefore, the activity is one that is the proper subject of CEQA’s Class 7 and Class 8 categorical exemptions.

Attachments

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