California Regulatory Notice Register — Register 2025, No. 52-Z (DECEMBER 26, 2025)

Cal. Reg. Notice Reg. 2025, No. 52

California Z Register

GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2025, NUMBER 52–Z P UBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW D ECEMBER 26, 2025 PROPOSED ACTION ON REGULATIONS TITLE 2. F AIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2025–1216–04 ........................................ 1541 AMENDMENT MULTI–COUNTY: Sierra Sands Unified School District STA TE AGENCY : California State Library ADOPTION MULTI–COUNTY: Sacramento Area Sewer District (SacSewer) TITLE 4.

GAMBLING CONTROL COMMISSION 2026 Update to Annual Fees — Notice File Number Z2025–1210–01 ...................................... 1542 TITLE 14. FISH AND GAME COMMISSION Commercial Coonstripe Shrimp — Notice File Number Z2025–1216–01 ................................... 1546 TITLE 14. FISH AND GAME COMMISSION Processing and Donating Sport–Caught Fish — Notice File Number Z2025– 1216–03 ........................ 1549 TITLE 17.

AIR RESOURCES BOARD Proposed California Corporate Greenhouse Gas Reporting and Climate–Related Financial Risk Disclosure Initial Regulation — Notice File Number Z2025–1209–05. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1554 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Meadow Gulch Water Quality Protection Project, 1653–2025–178–001–R1, Siskiyou County ................... 1561 FISH AND GAME COMMISSION Mountain Lion — Final Consideration of Petition ..................................................... 1564 (Continued on next page) Time- Dated Material

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ............................................................. 1564 Editorial Correction: In the December 12, 2025 edition of the Notice Register (Register 2025, Number 50–Z), the table of contents under PROPOSED ACTION ON REGULATIONS incorrectly lists the Notice File Number for the Department of Food and Agriculture’ s Notice as Z2025–1202–02. The correct Notice File Number for this Notice is Z2025–1202–01.

The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)]. It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months.

CALIFOR NIA R EGULATORY NOTICE R EGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $409.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1541 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Po- litical Practices Commission, pursuant to the au- thority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of–interest codes, will review the proposed/ amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY : Sierra Sands Unified School District STATE AGENCY : California State Library ADOPTION MULTI–COUNTY : Sacramento Area Sewer District (SacSewer) A written comment period has been established commencing on December 26, 2025, and closing on February 9, 2026.

Written comments should be direct- ed to the Fair Political Practices Commission, Atten- tion: Andrea Spiller Hernandez, 1102 Q Street, Suite 3050, Sacramento, California 95811. At the end of the 45–day comment period, the pro- posed conflict–of–interest codes will be submitted to the Commission’s Executive Director for their review, unless any interested person or their duly authorized representative requests, no later than 15 days prior to the close of the written comment period, a public hear- ing before the full Commission.

If a public hearing is requested, the proposed codes will be submitted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest codes, proposed pursuant to Government Code Sec- tion 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon their own motion or at the request of any interested person, will approve, or revise and approve, or re- turn the proposed codes to the agency for revision and re–submission within 60 days without further notice. Any interested person may present statements, ar- guments, or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest codes.

Any written comments must be received no later than February 9, 2026. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses, or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Com- mission as the code–reviewing body for the above conflict–of–interest codes shall approve codes as sub- mitted, revise the proposed code, and approve it as re- vised, or return the proposed code for revision and re–submission.

REFERENCE Government Code Sections 87300 and 87306 provide that agencies shall adopt and promulgate conflict–of–interest codes pursuant to the Political Re- form Act and amend their codes when change is ne- cessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict–of–interest codes should be made to Andrea Spiller Hernandez, Fair Political Practices Commis- sion, 1102 Q Street, Suite 3050, Sacramento, Califor- nia 95811, or email aspiller–hernandez@fppc.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1542 AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies o f t he p roposed c onflict–of–interest c odes may b e o btained f rom t he C ommission o ffices o r t he respective ag ency. R equests f or c opies f rom t he C om- mission s hould b e m ade t o A ndrea S piller H ernandez, Fair P olitical P ractices C ommission, 1 102 Q S treet, Suite 3 050, S acramento, C alifornia 9 5811, o r e mail aspiller–hernandez@fppc.ca.gov. TITLE 4.

GA MBLING CONTROL COMMISSION 2026 UPDATE TO ANNUAL FEES CGCC–GCA–2025–05–R NOTICE IS HEREBY GIVEN t h a t t h e C a l i f o r- nia G ambling C ontrol C ommission ( Commission) is proposing t o t ake t he a ction d escribed i n t he I nfor- mative D igest a fter c onsideration o f a ll r elevant p ub- lic c omments, o bjections, a nd r ecommendations r e- ceived c oncerning t he p roposed a ction.

C omments, objections, a nd r ecommendations m ay b e s ubmitted as fo llows: WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep- resentative, m ay s ubmit w ritten c omments r elevant to t he p roposed r egulatory a ction t o t he C ommission at a ny t ime d uring t he 4 5–day p ublic c omment p eri- od, w hich c loses o n February 9, 2026. W ritten c om - ments r elevant t o t he p roposed r egulatory a ction m ay be se nt b y m ail, f acsimile, o r e mail, d irected t o o ne of t he i ndividuals d esignated i n t his n otice a s a c on- tact p erson.

T o b e e ligible f or t he C ommission’s c on- sideration, a ll w ritten c omments m ust b e received at its office no later than February 9, 2026. Comments sent to persons and/or addresses other than those specified under Contact Persons, or received after the date specified above, will be included in the re - cord of this proposed regulatory action, but will not be summarized or responded to regardless of the manner of transmission. PUBLIC HEARING The C ommission h as n ot s cheduled a p ublic h ear- ing o n t his m atter.

A ny i nterested p erson, o r h is o r h er authorized r epresentative, m ay r equest a h earing p ur- suant to Government Code

section 11346.8. A request for a h earing s hould b e d irected t o t he p erson(

s) l isted under Contact P ersons n o l ater t han 1 5 d ays p rior t o the close of the written comment period. ADOPTION OF PROPOSED ACTION After t he c lose o f t he p ublic c omment p eriod, t he Commission, up on i ts o wn m otion o r a t t he i nstance of a ny i nterested pa rty, m ay t hereafter f ormally a dopt the p roposals s ubstantially a s d escribed b elow o r m ay modify s uch p roposals i f s uch m odifications a re s uf- ficiently r elated t o t he o riginal t ext.

W ith t he e xcep- tion o f t echnical o r g rammatical c hanges, t he f ull t ext of a ny m odified p roposal w ill b e a vailable f or 1 5 d ays prior t o i ts a doption f rom t he p erson d esignated i n t his Notice a s p rimary c ontact p erson a nd w ill b e m ailed to t hose p ersons w ho s ubmit o ral o r w ritten t estimony related t o t his p roposal o r w ho h ave r equested n otifi- cation of any changes to the proposal.

AUTHORITY AND REFERENCE Pursuant t o t he a uthority v ested b y se ctions 1 9811(b), 19823, 19 824, 19 826, 19 840, 19 841, 19 876(a), 19 951, 19954, 1 9955 a nd 1 9984 o f t he B usiness a nd P rofes- sions C ode; a nd t o i mplement, i nterpret o r m ake s pe- cific se ctions 1 9826, 1 9841, 1 9951, a nd 1 9984 o f t he Business a nd P rofessions C ode, t he C ommission is proposing t o a dopt t he f ollowing c hanges t o C hapters 3 a nd 7 o f D ivision 1 8 o f T itle 4 o f t he C alifornia C ode of R egulations: INFORMATIVE DIGEST AND POLICY STATEMENT Introduction: The C ommission is t he s tate ag ency c harged w ith the a dministration a nd i mplementation o f t he G am- bling C ontrol A ct ( Act). 1 T he C ommission is a utho- rized t o a dopt r egulations a s n ecessary t o i mplement the Act.

In 2 022 a nd 2 023, t he C ommission a dopted a nnual fee a mounts f or T hird–Party P roposition P layer S er- vices (T PPPS) b usiness l icensees 2 a nd ca rdroom b usi- ness l icensees. 3 T hose a nnual fe e a mounts w ere b ased on a c ost a nd f ee a nalysis t hat u tilized p oint–in–time workload d ata a nd fi scal i nformation f rom t he C om- mission a nd t he D epartment o f J ustice ( DOJ), a nd i n- formation c ollected f rom t he i ndustry.

H owever, t hat analysis w as b ased o n a vailable d ata t hrough fi scal year 2 021–22, a nd d uring t he r ulemaking p rocess, the C ommission a cknowledged t hat o ver t ime, t hat data m ay n o l onger r eflect t he m ost a ccurate a nnual 1 B usiness a nd P rofessions C ode, D ivision 8 , C hapter 5 , s ection 19800 et seq. 2 OAL Matter Number 2022–1021–06. 3 OAL Matter Number 2023–0306–03.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1543 fee a mounts. T he C ommission a lso c ommitted t o c on- ducting a nnual c ost a nd f ee a nalyses t o e nsure i ts f ees appropriately r eflect w orkload–based c osts i ncurred, and a ttribute c osts a ppropriately t o ca rdroom b usi- ness l icensees a nd T PPPS b usiness l icensees, b ased o n workload a ttributable t o e ach p ortion o f t he i ndustry.

As t he r esult o f t he m ost r ecent c ost a nd f ee a nalysis, the C ommission is p roposing t o up date t he a mounts for the 2027 annual fees, which will be invoiced in Oc- tober 2 026, u tilizing t he l atest a vailable d ata t hrough fiscal y ear 2 024–25. T he C ommission h as u tilized t he same ca lculation m ethods, d etailed b elow, a s w ere u ti- lized t o d etermine t he a nnual f ee a mounts i n t he c ur- rent r egulations.

EXISTING LAW Business a nd P rofessions C ode ( BPC) se ction 1 9824 provides t hat t he C ommission s hall h ave a ll p owers necessary a nd p roper t o en able i t f ully a nd e ffectually to carry out the policies and purposes of the Act. BPC se ction 1 9826 p rovides t he r esponsibilities o f the D OJ, i ncluding t o r eceive a nd p rocess a pplications for a ny l icense, p ermit, o r o ther a pproval, a nd t o c ol- lect all related fees. BPC se ction 1 9840 p rovides t hat t he C ommission may a dopt r egulations f or t he a dministration a nd e n- forcement o f t he A ct.

A dditionally, t he C ommission’s regulations, t o t he e xtent a ppropriate, s hall t ake i nto consideration t he o perational d ifferences o f l arge a nd small b usinesses. BPC se ction 1 9841 p rovides a l ist o f r egulations t hat the C ommission m ust a dopt, i ncluding r egulations prescribing t he m anner a nd m ethod o f c ollection a nd payment o f f ees a nd i mplementing t he p rovisions o f the Act relating to licensing and other approvals.

BPC se ction 1 9951 p rovides t hat t he C ommission may c ollect f ees s ufficient t o f und t he r easonable r eg- ulatory e xpenditures o f t he D OJ a nd C ommission t o fully ca rry o ut t heir d uties a nd r esponsibilities u nder the Act. BPC se ction 1 9955 p rovides t hat i f a n o wner l icens- ee f ails t o m ake t imely pa yments u nder B PC se ction 19951(b) (2), t he C ommission m ay o rder t he t emporary closure o f t he ga mbling e stablishment a nd i f t he f ees remain u npaid a fter 9 0 d ays, t he C ommission m ay deem the license surrendered.

BPC se ction 1 9984 p rovides t hat t he C ommission shall e stablish r egulations r elated t o T PPPS, i ncluding the e stablishment o f r easonable f ees a nd d eposits a s necessary t o d efray t he c osts o f p roviding r egulation and o versight. EFFECT OF REGULATORY ACTION This p roposed a ction up dates t he a nnual f ee amounts f or ca rdroom b usiness l icensees a nd T PPPS business l icensees, b ased up on t he ca lculation m ethod recommended b y M GT C onsulting G roup ( MGT) i n response t o t he S tate A uditor’s R eport ( Audit R eport) 4 released on May 16, 2019.

ANTICIPATED BENEFITS OF PROPOSED REGULATION This p roposed a ction w ill h ave t he b enefit o f r equir- ing ca rdroom b usiness l icensees a nd T PPPS b usiness licensees to pay total annual fees in an amount neces- sary f or t he C ommission a nd D OJ t o m aintain p roper funding l evels, w hile a ligning t he a nnual f ees pa id b y each p ortion o f t he i ndustry ( cardrooms a nd T PPPS) with t he c osts a ssociated w ith w orkload a ttributable t o that portion of the industry.

SPECIFIC PROPOSAL This p roposed a ction w ill m ake c hanges w ithin t he California C ode o f R egulations, T itle 4 , D ivision 1 8 as fo llows:

Chapter 1. General Provision

Article 1. Fees Amend

Section 12092. Annual Fee.

Section 1 2092 p rovides t he p rocess a nd t imelines for a T PPPS b usiness l icensee t o s ubmit t heir a nnu- al fee. Subsection (

c) p rovides t he t imeline a nd s tandard for d isapproval b y t he B ureau o f a r equest f or i n- stallment pa yments a nd s pecifies a nnual f ee pa yment deadlines f or ca rdroom b usiness l icensees a nd T PPPS business l icensees. C ardroom b usiness l icensees a nd TPPPS business licensees must make the final install- ment pa yment b y J une 3 0 o f t he pa yment y ear. T his provision is a mended t o c hange t he fi nal i nstallment payment deadline to June 5. Amend

Section 12094. Annual Fee Amounts.

Section 1 2094 p rovides t he a nnual f ee a mounts r e- quired o f ca rdroom b usiness l icensees a nd T PPPS business l icensees.

Section 1 2094 s pecifies t hat t he a nnual f ee a mounts for ca rdroom b usiness l icensees a nd b usiness l icens- ees include: TPPPS Annual Fee Amounts ● $0 for surrendered or revoked licensees; ● $2,326 for non–operational licensees; ● $13.21 daily rate; 4 State Audit Report 2018–132.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1544 ● $4,653 for active licensees with a three–year av- erage gross revenue under $1,500,000; or, ● 1.29% of the three–year average gross revenue for active licensees with a three–year average gross revenue of $1,500,000 or more.

Cardroom Annual Fee Amounts ● $0 for surrendered or revoked licensees; ● $7,575 for non–operational licensees; ● $34.16 daily rate; ● $15,150 for active licensees with a three–year av- erage gross revenue under $1,500,000; or, ● 1.18% of the three–year average gross revenue for active licensees with a three–year average gross revenue of $1,500,000 or more.

To determine the current annual fees, the Commis- sion used a step–by–step calculation method that be- gan with the Commission’s and Bureau’s operational costs that are not directly related to any direct fees or deposits — which are charged directly to an applicant, cardroom or TPPPS — following the MGT cost and fee study.

The Commission used this same calculation method to determine the proposed annual fees for this action, which are: TPPPS Annual Fee Amounts ● $0 for surrendered or revoked licensees; ● $2,170 for non–operational licensees; ● $11.89 daily rate; ● $4,340 for active licensees with a three–year av- erage gross revenue under $1,500,000; or, ● 1.49% of the three–year average gross revenue for active licensees with a three–year average gross revenue of $1,500,000 or more.

Cardroom Annual Fee Amounts ● $0 for surrendered or revoked licensees; ● $6,895 for non–operational licensees; ● $37.78 daily rate; ● $13,791 for active licensees with a three–year av- erage gross revenue under $1,500,000; or, ● 1.09% of the three–year average gross revenue for active licensees with a three–year average gross revenue of $1,500,000 or more. CONSISTENCY OR COMPATIBILITY WITH EXISTING STATE REGULATIONS The Commission has evaluated this regulatory ac- tion and determined that the proposed regulations are neither inconsistent nor incompatible with any other existing state regulations.

COMPARABLE FEDERAL LAW There are no existing federal regulations or statutes comparable to the proposed regulations. FISCAL IMPACT ESTIMATES Fiscal Impact On Public Agencies Including Costs Or Savings To State Agencies Or Costs/Savings In Federal Funding To The State: The Commission anticipates a statewide increase in annual fee collection of approximately $1,374,234 in TPPPS annual fees and a statewide decrease of $1,200,885 in cardroom annual fees per state fiscal year when compared to what is currently being col- lected, for a combined statewide cost increase of ap- proximately $173,349 per year.

These fees offset the Commission’s and DOJ’s existing costs. The Commission has determined that there will be no impact on any public agency in regards to federal funding. This fee structure does not pertain to federal funding or any federal program. Non–Discretionary Cost Or Savings Imposed Upon Local Agencies: None. Mandate Imposed On Any Local Agency Or School District For Which

Part 7 (Commencing With

Section 17500) Of Division 4 Of The Government Code Requires Reimbursement: None. Cost To Any Local Agency Or School District For Which

Part 7 (Commencing With

Section 17500) Of Division 4 Of The Government Code Requires Reimbursement: None. Effect On Housing Costs: None. Impact On Business: The Commission has determined that the proposed regulatory action will not have a significant state- wide adverse economic impact directly affecting busi- ness, including the ability of California businesses to compete with businesses in other states. This deter- mination is based on the following facts or evidence/ documents/testimony: This proposed action imposes no new mandatory requirements on businesses.

The Commission anticipates a statewide cost of ap- proximately $1,374,234 in TPPPS annual fees. This cost would directly impact TPPPS business licensees. This is reflected as an average cost of approximately $295,095 in annual fees for a typical business and ap- proximately $10,770 for a small business.

These esti- mates were calculated based on the difference between 2026 annual fees invoiced to TPPPS business licens- ees in October 2025 based on the annual fee amounts in the current regulations, compared to the 2026 annu- al fees that would have been invoiced to TPPPS busi- ness licensees based on the proposed amendments to the annual fee amounts. As previously described, the

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1545 calculation method was weighed to ensure that those businesses whose three–year average gross revenue is under $1,500,000 per year pay a lower proportion of the total fees necessary to ensure that no TPPPS busi- ness licensee is significantly impacted. The Commission anticipates an additional statewide savings of approximately $1,200,885 in cardroom an- nual fees. These savings would directly impact card- room business licensees.

This is reflected in an aver- age savings of approximately $82,163 in annual fees for a typical business and approximately $5,643 for a small business. These estimates were calculated based on the difference between 2026 annual fees invoiced to cardroom business licensees in October 2025 based on the annual fee amounts in the current regulations, compared to the 2026 annual fees that would have been invoiced to cardroom business licensees based on the proposed amendments to the annual fee amounts.

As previously described, the calculation method was weighed to ensure that those businesses whose three–year average gross revenue is under $1,500,000 per year pay a lower proportion of the total fees nec- essary to ensure that no cardroom business licensee is significantly impacted. For purposes of estimating the impact on typical businesses and small businesses, the Commission uti- lized federal Small Business Administration (SBA)

definitions of a small business for casinos and other gambling industries. An average annual gross gam- ing revenue of $34 million was used as the thresh- old for small business cardrooms, as specified in the North American Industry Classification System (NAICS) Code

section 713210 and referenced by the SBA in

Section 121.201 of Title 13,

Part 121 of the Electronic Code of Federal Regulations. Cardroom business licensees having a three–year average gross revenue of no more than $34 million were identified as small businesses. An average annual gross gaming revenue of $40 million was used as the threshold for small business TPPPS, as specified in the North Amer- ican Industry Classification System (NAICS) Code

section 713290 and referenced by the SBA in

Section 121.201 of Title 13,

Part 121 of the Electronic Code of Federal Regulations. TPPPS business licensees having a three–year average gross revenue of no more than $40 million were identified as small businesses. Cost Impact On Representative Private Person Or Business: The Commission anticipates an impact on a typical TPPPS business licensee resulting from the increase to their annual fee. As noted above, the Commission estimates the average increase to be $295,095 per typ- ical TPPPS business. The proposed regulation will have no impact on a representative private person.

The Commission anticipates an impact on a typi- cal cardroom business licensee resulting from the de- crease to their annual fee. As noted above, the Com- mission estimates the average decrease to be $82,163 per typical cardroom business. The proposed regula- tion will have no impact on a representative private person. Effect On Small Business: The Commission anticipates an impact on a small TPPPS business licensee resulting from the increase to their annual fee. As noted above, the Commission estimates the average increase to be $10,770 per small business TPPPS.

The Commission anticipates an impact on a small cardroom business licensee resulting from the de- crease to their annual fee. As noted above, the Com- mission estimates the average decrease to be $5,643 per small business cardroom. Results Of Economic Impact Assessment/Analysis Impact On Jobs/New Businesses: The Commission has determined that this regulato- ry proposal will not have a significant impact on the creation of new jobs or businesses, the elimination of jobs or existing businesses, or the expansion of busi- nesses in California.

The basis for this determination is that this pro- posed action only adjusts TPPPS business licensees’ and cardroom business licensees’ annual fees to better align with costs incurred by the Commission and DOJ, which is unlikely to result in additional or reduced in - dustry participation or performance.

Benefits Of Proposed Regulation: This proposed action will have the benefit of requir- ing TPPPS business licensees and cardroom business licensees to pay total annual fees in an amount neces- sary for the Commission and DOJ to maintain proper funding levels, while aligning the annual fees paid by each portion of the industry (cardrooms and TPPPS) with the costs associated with workload attributable to that portion of the industry.

Health And Welfare Of California Residents: It has been determined that the proposed action will protect the health, safety, and general welfare of Cali- fornia residents by aiding and preserving the integrity of controlled gambling. Worker Safety: It has been determined that the proposed action will not affect worker safety because it does not pertain to working conditions or worker safety issues. State’s Environment: It has been determined that the proposed action will not affect the state’s environment because it does not pertain to environmental issues.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1546 CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission or that has otherwise been identified and brought to the attention of the Commission would be more effective in carry- ing out the purpose for which the action is proposed, would be as effective and less burdensome to affect- ed private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

INITIAL STATEMENT OF REASONS, INFORMATION AND TEXT OF PROPOSAL The Commission has prepared an Initial State- ment of Reasons and the exact language for the pro- posed action and has available all the information upon which the proposal is based. Copies of the lan- guage and of the Initial Statement of Reasons, and all of the information upon which the proposal is based, may be obtained upon request to the Commission at 2399 Gateway Oaks Drive, Suite 220, Sacramento, CA 95833–4231.

AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS All the information upon which the proposed ac- tion is based is contained in the Rulemaking File that will be available for public inspection and copying at the Commission’s office throughout the rulemaking process. Arrangements for inspection and/or copying may be made by contacting the primary contact per- son named below.

Y ou may obtain a copy of the Final Statement of Reasons, once it has been prepared, by making a writ- ten request to one of the contact persons named below or by accessing the Commission’s website also listed below.

CONTACT PERSONS All comments and inquiries concerning the sub- stance of the proposed action should be directed to the following primary contact person: Joshua Rosenstein, Legislative and Regulatory Specialist Legislative and Regulatory Affairs Division California Gambling Control Commission 2399 Gateway Oaks Drive, Suite 220, Sacramento, CA 95833–4231 Telephone: (916) 274–5823 Fax: (916) 263–0499 Email: jrosenstein@cgcc.ca.gov Requests for a copy of the Initial Statement of Rea- sons, proposed text of the regulation, modified text of the regulation, if any, or other technical information upon which the proposed action is based should be di- rected to the following backup contact person: Alex Hunter, Legislative and Regulatory Specialist Legislative and Regulatory Affairs Division California Gambling Control Commission 2399 Gateway Oaks Drive, Suite 220 Sacramento, CA 95833–4231 Telephone: (916) 263–1301 Fax: (916) 263–0499 Email: ahunter@cgcc.ca.gov WEBSITE ACCESS Materials regarding this proposed action are also available on the Commission’s website at www.cgcc.ca.gov.

TITLE 14. FISH AND GAME COMMISSION COMMERCIAL COONSTRIPE SHRIMP NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the authority vested by sections 713, 1050, 7090, 7708, 7857, 8500, 8591, 8842, 9003, 9005, 9006 and 12000, of the Fish and Game Code, interpret or make specif- ic sections 1050, 7090, 8500, 8590, 8591, 8595, 8842, 9000.5, 9001, 9002, 9003, 9005, 9006, 9007, 9008 and 9015 and proposes to amend sections 180.15, 180.2 and 180.5, Title 14, California Code of Regulations (CCR), relating to commercial coonstripe shrimp fishing.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Unless otherwise specified, all

section references in this document are to Title 14, CCR. The California coonstripe shrimp commercial trap fishery has experienced increased participation in re- cent years, largely due to closures and limitations in other fisheries. This increase in fishing activity, par- ticularly during peak whale migration, has elevated the risk of marine animal entanglement by increas- ing the amount of trap gear and vertical lines in the water. Three recent humpback whale entanglements were linked to this fishery, in direct conflict with fed- eral protection under the Endangered Species Act and

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1547 Marine Mammal Protection Act, and with California’s goal of zero entanglement mortality. In response to whale entanglements attributed to the coonstripe shrimp fishery, the California Fish and Game Commission (Commission) approved emergen- cy regulations in February 2025. The emergency regu- lations went into effect on April 7, 2025. At its August 2025 and December 2025 meetings, the Commission adopted 90–day extensions of the emergency regula- tions which are set to expire in April 2026.

Prior to the adoption of the emergency regulations, the coonstripe shrimp fishery was subject to regula- tions that did not limit the number of participants or the amount of gear deployed. This lack of restrictions on growth of participation and deployed gear posed a growing risk of marine life entanglement, particular- ly in the San Francisco Bay Area, where coonstripe shrimp fishing activity overlaps with areas that whales are frequently observed.

In addition, continued entan- glements could lead to additional fishery restrictions through inclusion in a federal take reduction plan un- der the Marine Mammal Protection Act, litigation, or other fishery management actions such as more gear restrictions or closures. Emergency amendments to

Section 180.15 estab- lished a management boundary spanning from the Sonoma/Mendocino County line to both the Oregon and Mexico borders. New trap limits were set at 15 per ground line in the northern fishery and 40 in the southern, with vessel limits of 180 vertical lines in the north and 60 in the south. A 30–fathom depth limit was introduced for the northern fishery, and the pre- vious control date was updated to February 13, 2025. The proposed regulations would retain the amend- ments included in the emergency action and introduce additional amendments.

These proposed changes are necessary to further reduce the risk of future marine life entanglements, ensure continued access to the fishery, and enable the state to continue to manage the fishery through a more durable regulatory framework that balances the needs of the commercial fishery with conservation objectives in the marine environment. PROPOSED REGULATION CHANGES

Section 180.15. (Emergency provisions carried into regular rulemaking) ● Establishes a management boundary at the Sonoma/Mendocino County line and manage- ment areas northward to the California/Ore- gon border, and southward to the United States/ Mexico border. ● Defines and limits the numbers of “groundlines” and “vertical lines.” ● Sets a 30–fathom depth limit for the northern fisher y. ● Replaces the 2001 control date with a new date of February 13, 2025. ● Updates procedures for weather and hardship exemptions. Additional

Section 180.15 amendments (new) ● Redefines fishing seasons by the to two new man- agement areas. ● Establishes minimum trap construction require- ments for single and multi–chamber traps, and buoy marking requirements. ● Prohibits take of non–coonstripe species and re- stricts possession of coonstripe shrimp during closed seasons.

Section 180.2 ● Exempts coonstripe shrimp traps from destruct device requirements.

Section 180.5 ● Replaces the requirement to mark buoys with the operator’s commercial fishing license identifi- cation number with a new requirement to mark buoys with the vessel’s commercial boat registra- tion number. BENEFIT OF THE REGULATIONS The Fish and Game Commission (Commission) an- ticipates benefits to the State’s environment by sus- tainably managing California’s ocean resources by limiting the potential increase of marine life entangle- ment risk in the coonstripe shrimp fishery.

The envi- ronmental risk arising from the rule is not regarded as significant, as the rule manages the resource more conservatively than existing regulations. CONSISTENCY AND COMPATIBILITY WITH EXISTING REGULATIONS The proposed regulations are neither inconsistent nor incompatible with existing state regulations. Sec- tion 20,

Article IV , of the state Constitution specifies that the Legislature may delegate to the Commission such powers relating to the protection and propagation of fish and game as the Legislature sees fit. The Leg- islature has delegated to the Commission the power to adopt regulations governing the commercial shrimp fishery (Section 8591, Fish and Game Code). No oth- er state agency has the authority to adopt regulations governing commercial coonstripe shrimp.

The Com- mission has reviewed its own regulations and finds that the proposed regulations are neither inconsis- tent nor incompatible with existing state regulations. The Commission has searched the CCR for any reg- ulations regarding the adoption of commercial coon- stripe shrimp regulations; therefore, the Commission has concluded that the proposed regulations are nei-

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1548 ther inconsistent nor incompatible with existing state regulations. Pursuant to subdivision (

d) of

Section 11346.3 of the Government Code, the Commission finds that the proposed changes for reporting by coonstripe shrimp fishery participants serve the welfare of the people of the state and the coonstripe shrimp vessel trap per- mit holders themselves. This is because the Depart- ment currently lacks important data on the location and number of coonstripe shrimp traps deployed and their various configurations of traps per ground line and number of vertical lines in the water.

Knowing the identity, location, and amount of gear in the water will provide important information on fishing dynamics, and ultimately allow coonstripe fishery participants to continue activities as the Department makes manage- ment decisions. PUBLIC PARTICIPATION Comments Submitted by Mail or Email It is requested, but not required, that writ- ten comments be submitted on or before January 29, 2026 at the address given below, or by email to FGC@fgc.ca.gov. Written comments mailed, or emailed to the Commission office, must be received before or on February 9, 2026.

If you would like copies of any modifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Commission, P .O. Box 944209, Sacramento, CA 94244–2090. Meetings NOTICE IS GIVEN t h a t a n y p e r s o n i n t e r e s t- ed may present statements, orally or in writing, rel- evant to this action at a hearing to be held at the Cal- ifornia Natural Resources Building, Second Floor, 715 P Street , Sacramento, California on Wednesday February 11, 2026, and may continue on Thursday February 12, 2026.

This meeting will also include the opportunity to participate via webinar/teleconference. Instructions for participation in the webinar/telecon- ference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to the Commission meet- ing agenda, which will be available at least 10 days prior to the meeting, for the most current information.

AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Ini- tial Statement of Reasons, and the text of the regula- tion in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov. The regulations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representative, Melissa Miller–Henson, Executive Director, Fish and Game Commission, 715 P Street, Box 944209, Sacramento, California 94244–2090, phone (916) 653–4899.

Please direct requests for the above–mentioned documents and inquiries con- cerning the regulatory process to Melissa Miller–Henson or Jenn Bacon at FGC@fgc.ca.gov or at the preceding address or phone number. Craig Shuman, Marine Regional Manager, Department of Fish and Wildlife, has been designated to re - spond to questions on the substance of the pro - posed regulations. Dr. Shuman can be reached at R7RegionalMgr@wildlife.ca.gov.

AVAILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission dif- fer from but are sufficiently related to the action pro- posed, they will be available to the public for at least 15 days prior to the date of adoption. Any person inter- ested may obtain a copy of said regulations prior to the date of adoption by contacting the agency representa- tive named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.

IMPACT OF REGULATORY ACTION/ RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco- nomic impacts that might result from the proposed regulatory action has been assessed, and the following initial determinations relative to the required statutory categories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The Commission does not anticipate that the pro- posed regulations will have any statewide adverse economic impacts to businesses that would affect their ability to compete with businesses in other states.

The limits for lines and traps per line exceed current prac- tices and would not cause businesses in the fishery to incur a cost to comply, and the requirement for elec- tronic monitoring devices for pop–up gear is only a cost for those who voluntarily elect to use that type of gear over conventional fishing traps. The primary cost associated with the proposed regulations is the cost of complying with the reporting requirements, which are approximately $20 per season per vessel, and the ini- tial buoy identification marking costs of $664 per ves-

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1549 sel for the northern fishery and $235 for the southern fishery. See the STD 399 addendum for further details. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Commission does not anticipate any impacts to the creation or elimination of jobs, the creation of new businesses or elimination of existing businesses with- in the state, or the expansion of businesses as a result of these regulations, as the seasonal cost of comply- ing with the proposed reporting requirements is $20 per vessel and the initial buoy marking costs of $664 per vessel for the northern fishery and $235 for the southern fishery are not significant enough to cause businesses to adjust their labor force or practices in any meaningful way.

There are no anticipated bene- fits to the health and welfare of California residents or to worker safety. The Commission anticipates benefits to the State’s environment by sustainably managing California’s ocean resources by limiting the potential increase of marine life entanglement risk in the coon- stripe shrimp fishery. The environmental risk arising from the rule is not regarded as significant, as the rule manages the resource more conservatively than exist- ing regulations. (

c) Cost Impacts on a Representative Private Person or Business: The Commission anticipates that the proposed reg- ulations will only incur a $20 per vessel compliance cost for the proposed reporting requirements. See the STD 399 addendum for further details. (

d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: None. (

e) Nondiscretionary Costs/Savings to Local Agencies: None. (

f) Programs Mandated on Local Agencies or School Districts: None. (

g) Costs Imposed on any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these regulations may affect small business. The Commis- sion has drafted the regulations in Plain English pur- suant to Government Code Sections 11342.580 and 11346.2(a) (1).

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carry- ing out the purpose for which the action is proposed, would be as effective and less burdensome to affect- ed private persons than the proposed action, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. TITLE 14.

FISH AND GAME COMMISSION PROCESSING AND DONATING SPORT–CAUGHT FISH NOTICE IS HEREBY GIVEN t h a t t h e C a l i f o r- nia Fish and Game Commission (Commission), pursu- ant to the authority vested by sections 200, 713, 5510, 7121, 7230 and 7232 of the California Fish and Game Code and to implement, interpret or make specific sections 200, 1050, 5510, 7121, 7230 and 7232 of said Code, proposes to amend

Section 231, Title 14, Cali- fornia Code of Regulations, relating to processing and donating sport–caught fish. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Unless otherwise specified, all

section referenc- es in this document are to Title 14 of the California Code of Regulations (CCR), “Department” refers to the California Department of Fish and Wildlife, and “Commission” refers to the California Fish and Game Commission. CURRENT REGULATIONS Current law, in

Section 7121, California Fish and Game Code (FGC), specifies that except as other- wise provided by the code, selling or purchasing sport–caught fish is prohibited.

Section 75, FGC, de- fines that “Sell” includes barter, exchange or trade. FGC statutes and Title 14 regulations do not prohibit

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1550 the donation of sport–caught fish to a nonprofit or oth- er organization or individual. Subsection 231(

b) allows for the exchange of sport–caught fish to entities with a valid sport–caught fish exchange permit for the purpose of filleting, smoking or canning if the same fish is re- turned to the angler or exchanged pound for pound, adjusted for loss during processing. Historically, the provisions in subsection 231(

b) were primarily used to exchange fresh–caught tuna species for canned tuna, allowing recreational anglers to retain fish for later consumption.

Section 231 does not include a provision to allow anyone other than the individual who caught the fish to receive the processed fish. Subsection 231(

c) prescribes the exchange process based on a sliding scale exchange rate. Subsection (c) (4) includes a provision allowing processers to sell sport caught tuna that is not returned to the angler to commercial canneries in exchange for commercially harvested canned tuna and allows tuna not acceptable for canning to be sold for reduction purposes (the re- duction or conversion of fish into fish flour, fishmeal, fish scrap, fertilizer, fish oil, or other fishery products or byproducts).

Subsection (c) (4), however, requires yellowtail not returned to the angler to be donated to “…a non–profit charitable institution for food purpos- es only and may be fresh or processed.” The provi- sion historically provided an immediate ability to ex- change sport–caught tuna for canned tuna, effective- ly placing the sport–caught tuna into the commercial market through the exchanges. Allowing the practice is inconsistent with the existing prohibition on sale of sport caught fish. PROPOSED CHANGES The Department recommends that the Commis- sion amend

Section 231 to rename the

section to “Processing of Sport–Caught Fish,” rename the per- mit to sport–caught fish processing permit, allow sport–caught fish processing permit holders to donate fish directly to a nonprofit organization that directly supports food access or distribution, California tribe, school, or city/county program that directly supports food access or distribution, reduce the potential for sport–caught fish to be commercialized through this program, update the permit suspension and revocation process, and clarify existing regulations. Specifically, the proposed changes are as follows: ● The proposed regulations will change the title of the

section from “Exchanging of Sport–Caught Fish” to “Processing of Sport–Caught Fish,” up- date the permit fee and permit title, and specify that a permit shall be issued unless the permit or privilege to obtain a permit has been suspended or revoked. ● The proposed regulations will clarify per- mit applicability and add an exception to the sport–caught fish processing permit requirement for fish taken under the authority of a sport fish- ing license that are filleted on board licensed commercial passenger fishing vessels, if the fish are filleted on board the vessel prior to passenger departure. ● The proposed regulations will remove the list of permit issuing locations that currently restricts the Department’s License and Revenue Branch from issuing permits at additional sites or through authorized agents or eliminating underutilized locations. ● To reduce the potential for sport–caught fish to be commercialized, the proposed regulations add a limitation to only allow same–species exchange, prohibit commercially taken or imported fish to be used in the exchange process, prohibit fish re- ceived for exchange or processing to be sold or processed for any other purpose not expressly au- thorized, require sport–caught fish to be stored and processed separate from commercially taken fish, add requirements for the record–keeping, and add to existing marking requirements for sport–caught fish received from sport fish license holders for exchange or processing. ● The proposed regulations will repeal current subsections prescribing the exchange process of sport–caught tuna for canned tuna, including pro- visions allowing processers to sell sport–caught tuna that is not returned to the angler to com- mercial canneries in exchange for commercial- ly harvested canned tuna and allowing tuna not acceptable for canning to be sold for reduction purposes.

The process allowing for the exchange of sport caught tuna for commercially harvested canned tuna no longer occurs and is inconsis- tent with the existing prohibition on the sale of sport–caught fish. ● The proposed regulations will allow the dona- tion of sport–caught fish directly to nonprofit or- ganizations that directly support food access or distribution, California Native American tribes, public schools, and city or county government programs that directly support food access or dis- tribution without the sport fishing license hold- er being present.

Requirements for recording, transporting, and labeling donations, as well as restrictions, are specified. The proposed regula- tions will prohibit donated fish from being sold, auctioned, raffled, or otherwise utilized for fund- raising activities. ● The proposed regulations will allow permittees to transport fish to canneries or processing fa-

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1551 cilities for the purpose of canning or processing within or outside of California. ● The proposed regulations will add a new subsec- tion to clarify the applicability of the regulation and specify that the requirements of subsections (

c) Multi–licensed Business Requirements, (

e) Records, (

f) Transportation, and (

g) Marking ap- ply to persons who are required to hold a permit. ● The proposed regulations will specify that a sport–caught fish processing permit and or the “privilege to obtain a permit” may be suspended or revoked by the Department upon a violation of the terms or conditions of the permit, or vi- olation of any California or federal law related to commercial fishing, recreational fishing, or the receiving, processing or sale of fish by the sport–caught fish processing permit holder, any person required to hold a sport–caught fish pro- cessing permit, or the sport–caught fish process- ing permit holder’s agent, servant, employee or other person acting under the permittee’s direc- tion or control. ● Additionally, the proposed regulations will es- tablish and clarify the Department’s notification process in the event that a sport–caught fish pro- cessing permit, or privilege to obtain a permit, is revoked or suspended, as well as clarify and es- tablish procedures for reconsideration and appeal of such suspension or revocation.

Finally, other minor changes are proposed for clari- ty and consistency. BENEFIT OF THE REGULATIONS The proposed changes provide benefits to nonprof- it organizations that directly support food access or distribution, California tribes, schools, and city/coun- ty programs that directly support food access or dis- tribution who will be able to directly receive donations of fish, and sport fishing license holders who wish to make donations. By facilitating the donation process, all parties involved will be more able to provide and receive donations.

The proposed changes also clar- ify several key regulations in order to ensure that sport–caught fish are not unlawfully commercialized. Removal of unnecessary detail on canned fish ex- changes not only prevents commercialization but also eliminates confusion regarding how fish may be pro- cessed for a sport fishing license holder. CONSISTENCY AND COMPATIBILITY WITH EXISTING REGULATIONS The proposed regulations are neither inconsistent nor incompatible with existing state regulations. Sec- tion 20,

Article IV , of the state Constitution specifies that the Legislature may delegate to the Commission such powers relating to the protection and propaga- tion of fish and game as the Legislature sees fit. The Legislature has delegated to the Commission the pow- er to adopt regulations governing entities that pro- cess sport–caught fish (California Fish and Game Code

Section 7121). Health and Safety Code

Section 114031 requires that game animals be received from an approved source and allows the use of legally ob- tained donated fish by nonprofit organizations au- thorized to serve meals to indigent persons. Addi- tionally, Health and Safety Code

Section 114057.1, subdivision (

c) requires a food facility to not use a reduced–oxygen packaging method for non–frozen fish. The Commission has reviewed its own regula- tions and finds that the proposed regulations are nei- ther inconsistent nor incompatible with existing state regulations. The Commission has searched the CCR for any other regulations regarding the processing of sport–caught fish; therefore, the Commission has con- cluded that the proposed regulations are neither in- consistent nor incompatible with existing state reg- ulations. The Commission has searched the Code of Federal Regulations (CFR) and, pursuant to Califor- nia Government Code

Section 11346.2(b) (6), has de- termined that the proposed regulations avoid unneces- sary duplication and do not conflict with federal regu- lations contained in the CFR. BUSINESS REPORTING REQUIREMENTS The Commission finds it is necessary for the welfare of the people of the state that the proposed changes to reporting requirements apply to business. PUBLIC PARTICIPATION Comments Submitted by Mail or Email It is requested, but not required, that writ- ten comments be submitted on or before January 29, 2025 at the address given below, or by email to FGC@fgc.ca.gov.

Written comments mailed, or emailed to the Commission office, must be received before 12:00 noon on February 10, 2025. If you would like copies of any modifications to this proposal, please include your name and mailing address. Mailed com- ments should be addressed to Fish and Game Commis- sion, P .O. Box 944209, Sacramento, CA 94244–2090.

Meetings NOTICE IS ALSO GIVEN t h a t a n y p e r s o n i n- terested may present statements, orally or in writing, relevant to this action at a hearing to be held in the California Natural Resources Headquarters Building, 715 P Street, Sacramento, California, which will com- mence at 8:30 a.m. on Wednesday, February 11, 2026, and may continue at 8:30 a.m., on Thursday, February

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1552 12, 2026. The Commission will make a reasonable ef- fort to provide the public additional opportunities to observe or provide comment in the meeting through the Zoom videoconference platform by computer, mo- bile device, or telephone connections. However, the Commission cannot guarantee the accessibility or functionality of the remote connection options. Should technical issues affect remote attendee access or qual- ity, an attempt will be made to resolve them, but the meeting will continue with in–person attendees.

In- structions for participation in the webinar/teleconfer- ence hearing will be posted at www.fgc.ca.gov in ad - vance of the meeting or may be obtained by calling 916–653–4899. Please refer to the Commission meet- ing agenda, which will be available at least 10 days prior to the meeting, for the most current information. AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Ini- tial Statement of Reasons, and the text of the regula- tion in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov.

The regulations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representative, Melissa Miller–Henson, Executive Director, Fish and Game Commission, 715 P Street, Box 944209, Sacramento, California 94244–2090, phone (916) 653–4899. Please direct requests for the above–mentioned documents and inquiries concern- ing the regulatory process to Melissa Miller–Henson or Sherrie Fonbuena at FGC@fgc.ca.gov or at the pre- ceding address or phone number.

Pelagic Fisheries and Ecosystem Program Manager, John Ugoretz, Department of Fish and Wildlife, who can be reached at AskMarine@wildlife.ca.gov, has been designated to respond to questions on the substance of the proposed regulations. AVAILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission dif- fer from but are sufficiently related to the action pro- posed, they will be available to the public for at least 15 days prior to the date of adoption. Any person inter- ested may obtain a copy of said regulations prior to the date of adoption by contacting the agency representa- tive named herein.

If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff. IMPACT OF REGULATORY ACTION/ RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco- nomic impacts that might result from the proposed regulatory action has been assessed, and the following initial determinations relative to the required statutory categories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California business- es to compete with businesses in other states.

It is pro- hibited for sport–caught fish to be sold commercial- ly, and the costs for processing are borne by the sport fishing license holder who caught the fish, so process- ing businesses do not face any increased costs besides the adjustment of the permit fee.

The marking require- ment for packages and cans of fish added by the pro- posed regulations will require sport–caught fish pro- cessing permit holders to add the species name to the labels they already create for each individual package/ can of fish and will require sport–caught fish process- ing permit holders to add the words “not to be sold” to the labels they already create for packages of filleted fish.

These new markings can be done with a perma- nent marker instead of printing, but this will not create a significant difference in labor hours that would im- pose new costs to sport–caught fish processing permit holders. Similarly, the marking requirement for fish received for donation to be labeled “for donation” is not expected to adversely impact a sport–caught fish processing permit holder’s operations.

The new re- cord keeping requirements for donated fish may add a minute or two to processing the donated fish, but it is unlikely to expand the existing labor requirements or costs of processing in a way that will adversely impact those businesses, as the activity would be folded into their existing procedures that require gathering simi- lar information. While the baseline for the fee is being reset to $96 (which is the 2026 fee as adjusted per the procedure set by FGC

Section 713), it does not change the amount that permittees must pay or the mecha- nism for annual adjustments set by FGC

Section 713, thus it does not impose a direct cost impact that would adversely affect businesses. (

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1553 California Residents, Worker Safety, and the State’s Environment: The Commission does not anticipate any impacts on the creation or elimination of jobs, the creation of new businesses, the elimination of existing businesses or the expansion of businesses in California.

The mark- ing requirement for packages and cans of fish added by the proposed regulations will require sport–caught fish processing permit holders to add the species name to the labels they already create for each individual package/can of fish and will require sport–caught fish processing permit holders to add the words “not to be sold” to the labels they already create for packages of filleted fish.

These new markings can be done with a permanent marker instead of printing, but this will not create a significant difference in labor hours that would increase a sport–caught fish processing permit holder’s operational costs. Similarly, the marking re- quirement for fish received for donation to be labeled “for donation” is not expected to adversely impact a sport–caught fish processing permit holder’s opera- tions.

The new record keeping requirements for do- nated fish may add a minute or two to processing the donated fish, but this is unlikely to expand the exist- ing labor requirements or costs of processing in a way that adversely impacts those businesses, as similar in- formation is already gathered. While the baseline for the fee is being reset to $96 (which is the 2026 fee as adjusted per the procedure set by FGC

Section 713), it does not change the amount that permittees must pay or the mechanism for annual adjustments set by FGC

Section 713. The Commission does not anticipate any direct ben- efits related to the health and welfare of the Califor- nia residents, except that, as stated above, by facilitat- ing the donation process, the proposed changes pro- vide benefits to recipients of food support from non- profit organizations and city/county programs that di- rectly support food access or distribution, California Tribes, and schools. The Commission does not antic- ipate any benefits related worker safety, or the state’s environment. (

c) Cost Impacts on a Representative Private Person or Business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

The marking requirement for pack- ages and cans of fish added by the proposed regula- tions will require sport–caught fish processing permit holders to add the species name to the labels they al- ready create for each individual package/can of fish and will require sport–caught fish processing permit holders to add the words “not to be sold” to the labels they already create for packages of filleted fish.

These new markings can be done with a permanent mark- er instead of printing, but this will not create a sig- nificant difference in labor hours that would increase a sport–caught fish processing permit holder’s oper- ational costs. Similarly, the marking requirement for fish received for donation to be labeled “for donation” is not expected to adversely impact a sport–caught fish processing permit holder’s operations.

The new record keeping requirements for donated fish may add a min- ute or two to processing the donated fish, but this is unlikely to expand the existing labor requirements or costs of processing in a way that adversely impacts those businesses, as similar information is already gathered. While the baseline for the fee is being reset to $96 (which is the 2026 fee as adjusted per the pro- cedure set by FGC

Section 713), it does not change the amount that permittees must pay or the mechanism for annual adjustments set by FGC

Section 713, thus it does not impose a direct cost impact. (

d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Section 713), it does not change the amount that permittees must pay or the mechanism for annual adjustments set by FGC

Section 713, thus it does not impose a direct cost impact. (

e) Nondiscretionary Costs/Savings to Local Agencies: None. (

f) Programs Mandated on Local Agencies or School Districts:

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1554 None. (

g) Costs Imposed on any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) Effect on Housing Costs: None. (

i) Business Reporting Requirements: The Commission finds it is necessary for the welfare of the people of the state that the proposed changes to reporting requirements apply to business. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these regulations may affect small business. The Commis- sion has drafted the regulations in Plain English pur- suant to Government Code Sections 11342.580 and 11346.2(a) (1).

AIR RESOURCES BOARD CORPORATE GREENHOUSE GAS REPORTING AND CLIMATE–RELATED FINANCIAL RISK DISCLOSURE INITIAL REGULATION The California Air Resources Board (CARB or Board) will conduct a public hearing at the date and time noted below to consider approving for adoption the proposed Climate Data and Financial Risk Report- ing Fee Regulation. Date: February 26, 2026 Time: 9:00 a.m. In–Person Location: California Air Resources Board Byron Sher Auditorium 1001 I Street, Sacramento, California 95814 Remote Option: Zoom This public meeting may continue at 9:00 a.m., on February 27, 2026.

Please consult the public agenda, which will be posted ten days before the February 26, 2026, Board Meeting, for important details, including the day on which this item will be considered and how the public can participate via Zoom if they choose to be remote. WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS In accordance with the Administrative Procedure Act, interested members of the public may present comments orally or in writing during the hearing and may provide comments by postal mail or by electron- ic submittal before the hearing.

The public comment period for this regulatory action will begin on Decem- ber 26, 2025. Written comments not submitted during the hearing must be submitted on or after December 26, 2025, and received no later than February 9, 2026. Comments submitted outside that comment period are considered untimely. CARB may, but is not required to, respond to untimely comments, including those raising significant environmental issues. The Board also encourages members of the public to bring to the attention of staff in advance of the hearing any sugges- tions for modification of the proposed regulatory ac- tion.

Comments submitted in advance of the hearing must be addressed to one of the following: Postal mail: Clerks’ Office, California Air Resources Board 1001 I Street, Sacramento, California 95814 Electronic submittal: https://ww2.arb.ca.gov/lispub/ comm/bclist.php. Please note that under the California Public Records Act (Government Code

section 7920.000 et seq.), your written and oral comments, attachments, and associ- ated contact information (e.g., your address, phone, email, etc.) become part of the public record and can be released to the public upon request. Additionally, the Board requests but does not re- quire that persons who submit written comments to the Board reference the title of the proposal in their comments to facilitate review. AUTHORITY AND REFERENCE This regulatory action is proposed under the author- ity granted in California Health and Safety Code, sec- tions 38532, 38533, 39600, 39601, 38530, 38580, and 41513.

This action is proposed to implement, inter- pret, and make specific sections 38532, 38533, 38580, 95833, 25120, 23101, and 41513 of the California Health and Safety Code.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1555 INFORMATIVE DIGEST OF PROPOSED ACTION AND POLICY STATEMENT OVERVIEW (GOV . C ODE, § 11346.5, SUBDIVISION (A) (3)) Sections Affected: Proposed a doption t o C alifornia C ode o f R egula- tions, t itle 1 7, s ections 9 6070, 9 6071, 9 6072, 9 6073, 96074, 9 6075, 9 6076, a nd 9 6077. Background and Effect of the Proposed Regulatory Action: I n 2 023, G ove r nor N ewsom s ig ne d i nt o l aw t wo p ie c- es o f l egislation: t he C limate C orporate D ata A ccount- ability A ct ( Senate B ill ( SB) 2 53, W iener, S tats. 2 023,

chapter 3 82; c odified i n H ealth & S afety C ode se ction 38532), a nd t he C limate–Related F inancial R isk A ct (SB 2 61, S tern, S tats. 2 023, c hapter 3 83; c odified i n Health a nd S afety C ode se ction 3 8533). I n 2 024, S B 2 19 (Wiener, S tats. 2 024, c hapter 7 66; c odified i n H ealth and S afety C ode se ctions 3 8532 a nd 3 8533) a mend- ed b oth o f t hese s tatutes, e xtending c ertain d eadlines and m aking o ther a dministrative m odifications.

T he laws a im t o p rotect C alifornia s takeholders b y m an- dating g reenhouse ga s ( GHG) e missions r eporting and c limate–related fi nancial r isk r eporting b y l arge United S tates ( U.S.)–based e ntities t hat d o b usiness in C alifornia. T ogether, t hese l aws e ncourage a lign- ment w ith e xisting, w idely r ecognized f rameworks, and a im t o e nsure t hat a ccurate, c omparable, a nd d e- cision–useful c limate i nformation is m ade a vailable to i nvestors, l enders, i nsurers, c onsumers, a nd o ther stakeholders in the State.

The C limate C orporate D ata A ccountability A ct requires U .S.–based e ntities w ith m ore t han $ 1 b il- lion i n a nnual r evenue t hat d o b usiness i n C alifor- nia t o a nnually r eport a ll G HG e missions i nclud- ing d irect e missions ( Scope 1 ), i ndirect e missions from c onsumed e nergy ( Scope 2 ), a nd i ndirect up- stream a nd d ownstream G HG e missions ( Scope 3).

T he C limate–Related F inancial R isk A ct r e- quires U .S.–based e ntities w ith m ore t han $ 500 m il- lion i n a nnual r evenue t hat d o b usiness i n C alifor- nia t o b iennially r eport t heir c limate–related fi nan- cial r isk a nd m easures a dopted t o r educe a nd a dapt t o climate–related financial risk. Health a nd S afety C ode se ctions 3 8532 a nd 3 8533 each m andate t he c reation o f a f ee p rogram t o f und program o perations. T his P roposed R egulation a d- dresses t he e stablishment o f t hese f ee p rograms.

Health a nd S afety C ode se ction 3 8532 c reates t he C li- mate A ccountability a nd E missions D isclosure F und, and H ealth a nd S afety C ode se ction 3 8533 e stablishes the C limate–Related F inancial R isk D isclosure F und for d eposit o f r espective p rogram f ees. C ARB m ust set t he f ees i n a n a mount s ufficient t o c over t he a ctu- al a nd r easonable c osts t o a dminister a nd i mplement these p rograms a nd m ay a djust t he f ee i n a ny y ear t o reflect c hanges i n t he C alifornia C onsumer P rice I n- dex during the prior year.

In a ddition t o e stablishment o f t he f ee p rogram, CARB is a lso p roposing t o e stablish a r eporting d ead- line f or i mplementation o f H ealth a nd S afety C ode

section 3 8532. H ealth a nd S afety C ode se ction 3 8532 requires r eporting o f S cope 1 a nd S cope 2 c orporate GHG e missions i n 2 026 b ut d oes n ot s pecify a pa rticu- lar d eadline. U nder t his P roposed R egulation, e ntities subject t o H ealth a nd S afety C ode se ction 3 8532 s hall report S cope 1 a nd S cope 2 e missions o n o r b efore August 1 0, 2 026.

T he e stablishment o f t his r eporting deadline is i ntended t o p rovide a c lear b ackstop f or r e- porting b ut is n ot i ntended t o e stablish o ther p rogram requirements, i ncluding, b ut n ot l imited t o, r eporting and a ssurance r equirements a nd e nforcement p rovi- sions. T hese e lements w ill b e d eveloped a nd a dopted through a subsequent rulemaking.

CARB m ay a lso c onsider o ther c hanges t o t he se c- tions a ffected, a s l isted o n pag e 2 o f t his n otice, o r o th- er se ctions w ithin t he s cope o f t his n otice, d uring t he course of this rulemaking process. 1 OBJECTIVES AND BENEFITS OF T HE PROPOSED REGULATORY ACTION Objectives The P roposed R egulation p rimarily e stablishes t he framework b y w hich p rogram a dministration a nd i m- plementation c ost r ecovery f ees w ill b e a ssessed u nder Health a nd S afety C ode se ctions 3 8532 a nd 3 8533.

T he Proposed R egulation a lso d efines k ey t erms n ecessary for t he f ee p rovisions, s uch a s r evenue a nd d oing b usi- ness i n C alifornia, t o c learly d etermine w hich e ntities will b e c overed b y t hese p rograms. I n a ddition, S taff proposes t hat t he r equirements u nder H ealth a nd S afe- ty Code

section 38532 and 38533 will not apply to: ● Non–profit o r c haritable o rganizations, d efined a s tax–exempt under the Internal Revenue Code; ● A b usiness e ntity t hat is s ubject t o r egulation b y the D epartment o f I nsurance i n t his s tate, o r t hat is i n t he b usiness o f i nsurance i n a ny o ther s tate. This l anguage is e xplicit i n H ealth a nd S afety Code se ction 3 8533. S taff is p roposing t o e xempt the s ame e ntities f rom H ealth a nd S afety C ode

section 38532; 1 O n N ovember 1 8, 2 025, t he N inth C ircuit C ourt o f A ppeals issued an order temporarily enjoining enforcement of SB 261 un- til a n a ppeal c hallenging S B 2 61 i s r esolved. I n l ight o f t his o r- der, C ARB w ill n ot e nforce S B 2 61 u ntil t he i njunction i s l ifted. CARB w ill n evertheless c ontinue t his r ulemaking t o c onsider t he Proposed Regulation for adoption.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1556 ● Federal, State and local government entities, and companies that are majority–owned by govern- ment entities (>50.00%); and, ● Entities whose only business in California is the presence of teleworking employees. In addition to establishment of the fee program, Staff is also proposing to establish a first–year report- ing deadline for implementation of Health and Safe- ty Code

section 38532. Health and Safety Code sec- tion 38532 requires reporting of Scope 1 and Scope 2 corporate GHG emissions in 2026 but does not spec- ify a particular deadline. Under this Proposed Regu- lation, entities subject to Health and Safety Code sec- tion 38532 shall submit their first Scope 1 and Scope 2 emissions report on or before August 10, 2026. The proposed first year reporting deadline of August 10, 2026, matches the verification deadline under CARB’s Mandatory Reporting Regulation (MRR) program, with the goal of streamlining GHG reporting responsi- bilities and timing for entities reporting under Health and Safety Code

section 38532 and MRR. The estab- lishment of this reporting deadline is intended to pro- vide a clear backstop for reporting but is not intend- ed to establish other program requirements, including, but not limited to, reporting and assurance require- ments and enforcement provisions. These elements will be developed and adopted through a subsequent rulemaking. Benefits The Proposed Regulation has a narrow scope and es- tablishes a fee structure for implementation of Health and Safety Code sections 38532 and 38533, as well as a first–year corporate GHG reporting deadline under Health and Safety Code

section 38532. The Proposed Regulation does not require changes in emissions of criteria pollutants, toxic air contaminants or GHGs. As such, the Proposed Regulation is not anticipated to provide quantifiable benefits (cost savings, emis- sions reductions, etc.).

Nevertheless, the Proposed Regulation helps support a program that involves fur- ther quantification and reporting of regulated entities’ GHG emissions, which CARB anticipates will ulti- mately result in beneficial reductions in GHG emis- sions following improved accounting, although the ex- tent of any such GHG reductions is not quantifiable at this time. Furthermore, the Proposed Regulation di- rectionally supports the transparency goals of Health and Safety Code sections 38532 and 38533.

Increased information about potential climate–related financial risks and company–wide emissions can equip inves- tors, consumers, and other stakeholders to support companies that align with these third parties’ financial and other goals. In this way, the Proposed Regulation supports transparency for the public and the State, in- cluding in its role as an investor and consumer.

In ad- dition, by establishing a fee structure, the Proposed Regulation enables CARB to implement Health and Safety Code sections 38532 and 38533 without redi- recting funding from existing programs that are criti- cal to reducing GHG emissions and ensuring a healthy environment for all people. PUBLIC PROCESS Consistent with Government Code sections 11346, subdivision (b), and 11346.45, subdivision (a), and with the Board’s long–standing practice, CARB staff held public workshops and had other meetings with inter- ested persons during the development of the Proposed Regulation.

These informal pre–rulemaking discus- sions provided staff with useful information that was considered during development of the regulation that is now being proposed for formal public comment. Staff have been engaging with the public on ele- ments of the two pieces of climate disclosure regula- tions in California for this past year. Staff issued an enforcement notice in December 2024 and quickly followed with an initial solicitation of public feedback through a public docket to inform development of implementation and future regulatory concepts. The public docket remained open for three months.

CARB staff conducted three public workshops in 2025, in ad- dition to numerous meetings with individual external stakeholders to discuss regulatory concepts to the cli- mate disclosure regulations. The first public workshop took place in May 2025 and drew more than 2,000 at- tendees. In this workshop, staff provided an overview of Health and Safety Code sections 38532 and 38533, updates on regulatory development, and feedback re- ceived from the previous public information solici- tation that ended in March 2025.

In response to the feedback received during the May workshop, CARB staff members released a Frequently Asked Questions (FAQ) document to provide further guidance to as- sist companies with initial planning. The workshop that took place in August 2025 focused on the devel- opment of the associated fee regulation, which is the focus of this rulemaking. Staff also proposed initial implementation deadlines and updated

definitions of key concepts during the August workshop. Staff pro- vided ample opportunity during the two workshops for stakeholders to provide oral feedback. Stakehold- ers also had the opportunity to provide written pub- lic feedback following the August workshop for three weeks after the workshop. CARB staff subsequently released an SB 261 draft checklist and the preliminary list of reporting/covered entities in September 2025 to offer additional guidance for potentially regulated en- tities. A survey was sent to the public along with the preliminary list of reporting/covered entities to gather feedback to inform the drafting of the fee regulation.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1557 Notices for the workshops and the release of public information were emailed to subscribers of the “Cli- mate Disclosure for California Air Resources Board” listservs. About 71,160 individuals or companies were notified. COMPARABLE FEDERAL REGULATIONS There are no existing federal regulations that ad- dress the same scope as the Proposed Regulation, which establishes a fee structure to implement Health and Safety Code sections 38532 and 38533 and sets a corporate GHG reporting deadline. At the federal level, the U.S.

Securities and Exchange Commission (SEC) established a similar framework by proposing climate–related disclosure rules in March 2022 and fi- nalizing them on March 6, 2024. These rules would have required publicly traded companies to disclose climate–related risks and Scope 1 and Scope 2 GHG emissions. However, the SEC voluntarily stayed the rule pending resolution of legal challenges, and the rule did not advance to implementation. AN EVALUATION OF INCONSISTENCY OR INCOMPATIBILITY WITH EXISTING STATE REGULATIONS (GOV .

CODE, § 11346.5, SUBDIVISION (A) (3) (D)) During the process of developing the proposed reg- ulatory action, CARB conducted a search of any sim- ilar regulations on this topic and concluded these reg- ulations are neither inconsistent nor incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED REGULATION Fiscal Impact/Local Mandate Determination Regarding the Proposed Action (Gov.

Code, § 11346.5, subdivisions (a) (5)&(6)): CARB’s determinations concerning the costs or savings incurred by public agencies and private per- sons and businesses in reasonable compliance with the proposed regulatory action are presented below. Under Government Code sections 11346.5, subdivi- sion (a) (5) and 11346.5, subdivision (a) (6), CARB has determined that the Proposed Regulation would cre- ate costs or savings to a State agency.

The Proposed Regulation would not create costs or savings in feder- al funding to the State, would not create costs or man- date to any local agency or school district, whether or not reimbursable by the State under Government Code, title 2, division 4,

part 7 (commencing with sec- tion 17500), or other nondiscretionary cost or savings to State or local agencies. Cost to any Local Agency or School District Requiring Reimbursement under Gov. Code

section 17500 et seq.: The Proposed Regulation is not expected to impose any costs to any local agency or school district. Cost or Savings for State Agencies: The Proposed Regulation will result in fiscal im- pact on CARB only. No other state agencies would be impacted, as the scope of Health and Safety Code sections 38532 and 38533 applies exclusively to busi- ness entities, as detailed in

Section A.3. The total rev- enue increase to CARB is estimated to be $90,200,000 from FY 2026–27 to FY 2030–31 due to the collect- ed fees, as explained in

Section B. This amount con- sists of an annual revenue increase of $20,800,000 from FY 2026–27 to FY 2028–29 and annual reve- nue increase of $13,900,000 from FY 2029–30 to FY 2030–31. At the same time, these revenues will be ful- ly expended to implement Health and Safety Code sections 38532 and 38533. The implementation cost on CARB is estimated to be $20,800,000 annually from FY 2026–27 to FY 2028–29 and $13,900,000 annual- ly from FY 2029–30 to FY 2030–31. As described in

Section B, the costs of the Proposed Regulation only include the cost of implementing Health and Safety Code sections 38532 and 38533. This covers all of the permanent positions and contract funds allocated to CARB to implement Health and Safety Code sections 38532 and 38533, detailed in

Section B. Other Non–Discretionary Costs or Savings on Local Agencies: The Proposed Regulation is not expected to impose any non–discretionary costs or savings to any local agency. Cost or Savings in Federal Funding to the State: The Proposed Regulation is not expected to impose any costs or savings in federal funding to the state. HOUSING COSTS (GOV . CODE, § 11346.5, SUBDIVISION (A) (12)) CARB has also made the initial determination that the proposed regulatory action will not have a signifi- cant effect on housing costs.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (GOV . CODE, §§ 11346.3, SUBDIVISION (A), 11346.5, SUBDIVISION (A) (7), 11346.5, SUBDIVISION (A) (8)) CARB has made an initial determination that the proposed regulatory action would not have a signifi-

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1558 cant s tatewide a dverse e conomic i mpact d irectly a f- fecting b usinesses, i ncluding t he ab ility o f C alifornia businesses to compete with businesses in other states, or on representative private persons. The P roposed R egulation is n ot e xpected t o c reate a c ompetitive a dvantage o r d isadvantage, a s t he e sti- mated c ompliance c osts a re m inimal a nd n ot e xpected to affect business competitiveness. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT (GOV .

C ODE, § 11346.5, S UBDIVISION (A) (10)) Non–Major Regulation: Statement of the Results of the Economic Impact Assessment (EIA) (if applicable): The creation or elimination of jobs within the State of California (Gov. Code 11346.3(b) (1)). The P roposed R egulation is n ot e xpected t o d irect- ly a ffect t he c reation o r e limination o f j obs w ithin t he state, a s t he e stimated c ompliance c osts f or t his r egu- lation are minimal and not anticipated to influence em- ployment l evels.

A ny p otential c osts a ssociated w ith the a ddition o f t he fi rst y ear ( 2026) c orporate G HG reporting d eadline t hrough t he P roposed R egulation would b e n egligible, a nd p otentially z ero f or s ome companies, a nd is n ot e xpected t o c reate o r e liminate jobs. T he e conomic a nalysis f or t he P roposed R egu- lation d oes n ot q uantify c osts a ssociated w ith e stab- lishment o f a 2 026 c orporate G HG e missions r eport- ing d eadline, a s t hese c osts a re e xpected t o b e n egligi- ble f or m ost c ompanies, a nd z ero f or t he r est.

T o s up- port i nitial i mplementation a nd r educe u ncertainty, CARB is sued a n E nforcement N otice 2 i n D ecember 2024.

I n t his E nforcement N otice, C ARB r ecognized that s ome r eporting e ntities m ay r equire l ead t ime t o develop o r r efine t heir d ata c ollection p rocesses t o e n- sure c omplete a nd a ccurate r eporting o f S cope 1 a nd Scope 2 e missions. 3 A ccordingly, C ARB h as i ndicat- ed t hat i t w ill e xercise e nforcement d iscretion f or t he first r eport d ue i n 2 026, a llowing r eporting e ntities t o submit S cope 1 a nd S cope 2 e missions f or t heir p ri- or fi scal y ear b ased o n i nformation t hey a lready h ave or w ere c ollecting w hen t his N otice w as is sued.

E n- tities t hat w ere n ot c ollecting d ata o r w ere n ot p lan- ning t o c ollect d ata, a t t he t ime t he E nforcement N o- tice w as is sued, a re n ot e xpected t o s ubmit S cope 1 and S cope 2 r eporting d ata f or t his fi rst r eporting c y- 2 C ARB, 2 024. E nforcement N otice.

A vailable a t: https://ww2.arb.ca.gov/sites/default/files/2024–12/ The%20Climate%20Corporate%20Data%20 Accountability%20Act%20Enforcement%20 Notice%20Dec%202024.pdf. 3 C ARB h as a lso a ddressed fi rst–year r eporting i n i ts F AQ d oc- ument, a vailable a t https://ww2.arb.ca.gov/our–work/programs/ corporate–ghg–reporting/resources . cle. T his a pproach is i ntended t o s upport c ompanies a s they t ransition i nto c omplying w ith t hese n ew r eport- ing requirements. The creation of new business or the elimination of existing businesses within the State of California.

The h igh a nnual r evenue t hresholds f or r egulated entities s pecified i n t he s tatutes i ndicate t hat t he P ro- posed Regulation is not expected to directly affect the creation o f n ew b usinesses o r t he e limination o f e xist- ing b usinesses w ithin t he s tate.

T he e stimated c om- pliance c osts f or t his r egulation, w hich a re d iscussed in g reater d etail i n S ection B .1.b o f t he F orm 3 99 A t- tachment, a re m inimal r elative t o t he r evenues o f t he companies s ubject t o t he P roposed R egulation a nd a re not a nticipated t o i mpose s ignificant b arriers t o m ar- ket e ntry o r t he c ontinuation o f b usiness o perations.

Any potential costs associated with the first year 2026 corporate G HG r eporting d eadline e stablished b y t he Proposed R egulation, i n t he c ontext o f t he E nforce- ment No tice 4 r eleased b y s taff i n D ecember 2 024 a nd CARB’s F requently A sked Q uestions ( FAQ) d ocu- ment, 5 w ould b e n egligible, a nd p otentially z ero f or some c ompanies. T his 2 026 c orporate G HG r eport- ing d eadline is n ot e xpected t o c reate o r e liminate businesses.

S ee C hapter V III, se ction A o f t he I nitial Statement o f R easons ( ISOR), f or a d etailed d iscussion about t he n egligible c osts a ssociated w ith e stablishing a 2026 corporate GHG reporting deadline. The expansion of businesses currently doing business within the State of California. The e stimated c ompliance c osts f or e ach r egulated entity a re m inimal a nd t herefore a re n ot a nticipated to a ffect t he e xpansion o f b usinesses c urrently d oing business w ithin t he S tate o f C alifornia.

T he a ddition of a c orporate G HG r eporting d eadline is a lso n ot e x- pected t o a ffect t he e xpansion o f b usinesses; s ee C hap- ter V III, se ction A , f or a d etailed d iscussion ab out t he negligible c osts a ssociated w ith e stablishing a 2 026 corporate GHG reporting deadline. The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment.

The p rimary p urpose o f t his P roposed R egulation is t o s upport p rograms f or g enerating i nformation a nd greater t ransparency a round c orporate G HG e mis- sions a nd c limate–related fi nancial r isk b y e nsuring 4 C ARB, 2 024. E nforcement N otice.

A vailable a t: https://ww2.arb.ca.gov/sites/default/files/2024–12/The%20 Climate%20Corporate%20Data%20Accountability%20Act%20 Enforcement%20Notice%20Dec%202024.pdf . 5 C ARB. ( 2025, N ovember 1 7.) California Corporate Green - house Gas Reporting and Climate–Related Financial Risk Dis - closure Programs: Frequently Asked Questions About Regula - tory Development and Initial Reports . https://ww2.arb.ca.gov/ sites/default/files/classic/FAQs%20Regarding%20California%20 Climate%20Disclosure%20Requirements_Nov.pdf .

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1559 that accurate, comparable, and decision–useful cli- mate information is made available to inform inves- tors and empower consumers. The Proposed Regula- tion does not require changes in emissions of criteria pollutants, toxic air contaminants or GHGs. Neverthe- less, the Proposed Regulation helps support a program that involves further quantification and reporting of regulated entities’ GHG emissions, which CARB an- ticipates will ultimately result in beneficial reductions in GHG emissions following improved accounting.

However, the extent of any such GHG reductions is not quantifiable at this time. Effect on Jobs/Businesses: CARB has determined that the proposed regulato- ry action would not affect the creation or elimination of jobs within the State of California, the creation of new businesses or elimination of existing business- es within the State of California, or the expansion of businesses currently doing business within the State of California. A detailed assessment of the econom- ic impacts of the proposed regulatory action can be found in the Economic Impact Analysis in the ISOR.

Benefits of the Proposed Regulation: The objective of the proposed regulatory action is to establish the framework by which fees will be as- sessed under Health and Safety Code sections 38532 and 38533, and for the purposes of the fee regulation, defines key terms such as revenue and doing business in California, to clearly determine which entities will be covered by these programs. In addition, it will es- tablish a first–year reporting deadline for implementa- tion of Health and Safety Code

section 38532. The Pro- posed Regulation directionally supports the transpar- ency goals of Health and Safety Code sections 38532 and 38533. Increased information about potential climate–related financial risks and company–wide emissions will equip investors, consumers, and stake- holders to make informed decisions consistent with their financial and other goals. In addition, by estab- lishing a fee structure, the Proposed Regulation en- ables CARB to implement Health and Safety Code sections 38532 and 38533 without redirecting funding from existing programs that are critical to reducing GHG emissions and ensuring a healthy environment for all people. A

summary of these benefits is provided; please re- fer to “Objectives and Benefits”, under the Informative Digest of Proposed Action and Policy Statement Over- view Pursuant to Government Code

section 11346.5, subdivision (a) (3) discussion on page 3. Cost Impacts on Representative Private Persons or Businesses (Gov. Code, § 11346.5, subdivision (a) (9)): In developing this regulatory proposal, CARB staff evaluated the potential economic impacts on repre- sentative private persons or businesses. CARB is not aware of any cost impacts that a representative private person or business would necessarily incur in reason- able compliance with the proposed action. The Proposed Regulation is not expected to im- pose direct compliance costs on individuals in Cali- fornia, as the estimated compliance costs, which are discussed in greater detail in

Section B.1.b of the Form 399 Attachment, are minimal relative to revenues and are not anticipated to be passed on from businesses to individuals. Effect on Small Business (Cal. Code Regs., title 1, § 4, subdivisions (

a) and (b)): CARB has also determined under California Code of Regulations, title 1,

section 4, that the proposed regulatory action would not affect small business- es because the regulated entities subject to the Pro- posed Regulation do not meet the definition of “small business” under California Government Code

section 11346.3, given the annual revenue thresholds of $500 million and $1 billion. Consideration of Alternatives (Gov.

Code, § 11346.5, subdivision (a) (13)): Before taking final action on the proposed regula- tory action, the Board must determine that no reason- able alternative considered by the Board, or that has otherwise been identified and brought to the attention of the Board, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

The analysis of such alternatives can be found in

Chapter IX of the ISOR for these proposed regula- tions. Staff analyzed three alternatives including a no fee alternative, alternative timeline for fee collection, and a progressive fee payment based on GHG emis- sions. These proposed alternatives were found to be no less burdensome or equally effective in achieving the purposes of the regulation in a manner that ensures full compliance with the authorizing law. ENVIRONMENTAL ANALYSIS The Proposed Regulation is statutorily exempt from the California Environmental Quality Act (CEQA), pursuant to sections 38532(

g) and 38533(

g) of the Cal- ifornia Health and Safety Code. CARB notes that while this project is expressly statutorily exempt, the Proposed Regulation is also exempt from CEQA pur- suant to other applicable exemptions, including CEQA Guidelines,

section 15061(b) (3) (“common sense” ex- emption) because it can be seen with certainty that there is no possibility that the Proposed Regulation

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1560 may result in any significant adverse impact on the en- vironment. The Proposed Regulation involves the cre- ation of a fee program associated with GHG and cli- mate risk reporting, as well as key associated defini- tions and a first–year reporting deadline. There is no potential for this project to significantly impact the en- vironment. The Proposed Regulation is also exempt pursuant to CEQA Guidelines,

section 15306, which exempts from CEQA basic data collection, research, management and evaluation activities which do not re- sult in a serious or major disturbance to an environ- mental resource. SPECIAL ACCOMMODATION REQUEST Consistent with California Government Code sec- tion 7296.2, special accommodation or language needs may be provided for any of the following: ● An interpreter to be available at the hearing; ● Documents made available in an alternate format or another language; and, ● A disability–related reasonable accommodation.

To request these special accommodations or lan- guage needs, please contact the Clerks’ Office at cotb@arb.ca.gov o r ( 9 1 6 ) 3 2 2 – 5 5 9 4 a s s o o n a s p o s- sible, but no later than ten business days before the scheduled Board hearing. TTY/TDD/Speech to Speech users may dial 711 for the California Relay Service.

Consecuente con la sección 7296.2 del Código de Gobierno de California, una acomodación especial o necesidades lingüísticas pueden ser suministradas para cualquiera de los siguientes: ● Un intérprete que esté disponible en la audiencia; ● Documentos disponibles en un formato alterno u otro idioma; y, ● Una acomodación razonable relacionados con una incapacidad.

Para solicitar estas comodidades especiales o nece- sidades de otro idioma, por favor llame a la oficina del Consejo al cotb@arb.ca.gov o (916) 322–5594 lo más pronto posible, pero no menos de 10 días de trabajo an- tes del día programado para la audiencia del Consejo. TTY/TDD/Personas que necesiten este servicio pue- den marcar el 711 para el Servicio de Retransmisión de Mensajes de California.

AGENCY CONTACT PERSONS Inquiries concerning the substance of the proposed regulatory action may be directed to the agency rep- resentative Jordan Ramalingam, Chief, Climate Data and Risk Reporting Branch, at (916) 277–0499 or Paul Furumo, Staff Air Pollution Specialist, Climate Data Reporting Section, at (279) 216–0662. AVAILABILITY OF DOCUMENTS CARB staff has prepared a Staff Report: Initial Statement of Reasons (ISOR) for the proposed regula- tory action, which includes a

summary of the econom- ic and environmental impacts of the proposal. The re- port is entitled: Public Hearing to Consider the Pro- posed California Corporate Greenhouse Gas Report- ing and Climate–Related Financial Risk Disclosure Initial Regulation Copies of the ISOR and the full text of the proposed regulatory language, may be accessed on CARB’s website listed below, on December 9, 2025. Please contact Roberta Ruch, Regulations Coordinator, at roberta.ruch@arb.ca.gov or (279) 208–7881 if you need physical copies of the documents. Pursuant to Government Code

section 11346.5, subdivision (b), upon request to the aforementioned Regulations Co- ordinator, physical copies would be obtained from the Public Information Office, California Air Resourc- es Board, 1001 I Street, Visitors and Environmental Services Center, First Floor, Sacramento, California, 95814. Further, the agency representative to whom non- substantive inquiries concerning the proposed ad- ministrative action may be directed is Roberta Ruch Regulations Coordinator, (279) 208–7881.

The Board staff has compiled a record for this rulemaking ac- tion, which includes all the information upon which the proposal is based. This material is available for in- spection upon request to the contact persons. HEARING PROCEDURES The public hearing will be conducted in accordance with the California Administrative Procedure Act, Government Code, title 2, division 3,

part 1,

chapter 3.5 (commencing with

section 11340). Following the public hearing, the Board may take action to approve for adoption the regulatory language as originally proposed, or with non–substantial or grammatical modifications. The Board may also ap- prove for adoption the proposed regulatory language with other modifications if the text as modified is suf- ficiently related to the originally proposed text that the public was adequately placed on notice and that the regulatory language as modified could result from the proposed regulatory action.

If this occurs, the full reg- ulatory text, with the modifications clearly indicated, will be made available to the public, for written com- ment, at least 15 days before final adoption. The public may request a copy of the modified reg- ulatory text from CARB’s Public Information Office, Air Resources Board, 1001 I Street, Visitors and En- vironmental Services Center, First Floor, Sacramento, California, 95814.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1561 FINAL STATEMENT OF REASONS A VAILABILITY Upon its completion, the Final Statement of Reasons (FSOR) will be available and copies may be requested from the agency contact persons in this notice, or may be accessed on CARB’s website listed below. INTERNET ACCESS This notice, the ISOR and all subsequent regulatory documents, including the FSOR, when completed, are available on CARB’s website for this rulemaking at https://ww2.arb.ca.gov/rulemaking/2025/ consideration-adoption-proposed-climate- data-and-financial-risk-reporting-fee.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION N U M BE R 1653 –2025 –178 – 0 01– R1 Project: Meadow Gulch Water Quality Protection Project Location: Siskiyou County Applicant: Fritz Mason, AP Cattle Company BACKGROUND Project Location: The Meadow Gulch W ater Qual- ity Protection Project (Project) is located near Gazelle Callahan Road, in the unincorporated community of Callahan.

The Project is located along Meadow Gulch, a small intermittent tributary to the East Fork Scott River, at a property owned by AP Cattle Company, at Latitude: 41.38012° North and Longitude: 122.71153° West. Project Description: Meadow Gulch is a small trib- utary to the East Fork Scott River. The stream system provides seasonal flows on normal water years from winter through late spring. Meadow Gulch is a low gradient stream with a comparatively wide valley floor and flood plain, creating a great opportunity to poten- tially function as a late season water retention area.

The lower reaches of the Meadow Gulch drainage flow through existing irrigated pastures which are irrigat- ed by a series of contoured ditches from the East Fork Scott River. AP Cattle Company also has two diver- sions from Meadow Gulch Creek that can irrigate pas- tures in the lower reaches of the drainage. The objective of the Project is to treat multiple sites within the stream to address current and legacy im- pacts ranging from recent wildfire to remediating pre- vious irrigation structures.

The Project will imple- ment four treatment sites will require work within the bed and bank of Meadow Gulch Creek: two treatment sites to address legacy impacts of previously con- structed irrigation infrastructure, allowing Meadow Gulch to remain in its channel when completed, and two treatment sites to protect and enhance the upper reaches of the Meadow Gulch Creek to improve and retain floodplain access.

These include removing a di- version ditch that intercepts the natural flow of Mead- ow Gulch, removing a legacy berm diversion struc- ture, and treating sections of the upper Meadow Gulch that are showing initial signs of minor impacts of down–cutting or risk down–cutting as a result of a re- cent forest fire that impacted the upper reaches of the watershed. These Project activities will not only im- prove flow downstream for areas with listed salmonid species, but will improve the floodplain and stream habitat in areas that have been affected by erosion and channel incision caused by wildfires.

Additionally, the Project will prevent the risk of co–mingling the natural flow of Meadow Gulch Creek with tail–water used for irrigation by capturing the tail–water at the end of fields and moving the water to where it can be reused for irrigation rather than enter- ing the stream. This will be achieved by developing or improving existing “catch ditches” that capture flood irrigation water as it moves across pastures prior to approaching the active channel. The catch ditches are at field or floodplain elevation and are set back from the steam bank by 15 feet or more in most cases.

The catch ditches prevent irrigation water that originated from the East Fork Scott River from entering Meadow Gulch Creek, potentially impacting the water quali- ty of Meadow Gulch Creek, if flowing. While catch ditches protect the water quality of Meadow Gulch, they also allow the ranch to collect and reuse the col- lected irrigation water in another location or pasture for irrigation, increasing efficiency and reducing irri- gation demand.

Site 1: Eliminate Diversion Ditch Intercepting Meadow Gulch Currently, a diversion ditch that delivers water from the East Fork Scott River past Meadow Gulch Creek is constructed through Meadow Gulch Creek. When Meadow Gulch Creek flows, the diversion ditch inter- cepts the flow and prevents the flow from accessing its historical channel. The Project proposes to siphon the irrigation ditch under Meadow Gulch Creek us- ing a PVC pipeline to angle under and beyond the ac- tive channel of the stream. Up to 70 feet of 27–inch

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1562 PVC pipe will be used to construct the siphon under the stream channel. The siphon will be constructed by excavating an open trench across the channel, in- stalling the pipe, and backfilling. The pipe will be bur- ied a minimum of 36 inches under the channel invert. The active channel from top of bank to top of bank is roughly 20 feet wide. A 42–inch–wide trench will be excavated across the channel for the construction of the siphon; the pipe will be installed and backfilled.

A roughened stream channel built with Engineered Streambed Material (ESM) will be constructed where the ditch currently crosses the channel, and the exist- ing ditch and ditch bank will be removed to reconnect the stream channel. Meadow Gulch Creek is ephem- eral through this reach, so dewatering or impacting aquatic species during construction is not a concern. The ditch will be turned off and allowed to dry prior to construction of this scope. Construction will not occur if stream or ditch is flowing.

Disturbed soils within or near the active channel will be seeded and mulched and any spoils will be removed from the flood plain. Site 2: Remove Legacy Diversion Structure, Culvert, and Berm A legacy diversion structure remains in Meadow Gulch Creek approximately 1,400 feet above the ditch intercept site described above. The diversion structure is the current pathway for the steam flow with Mead- ow Gulch, discharging through a culvert within the stream channel. The Project will remove the berm that diverts the flow and reconnect the stream by reoccu- pying the original stream channel.

The culverts within the berm will be removed with the earthen berm. The total length of the soil berm is roughly 230 feet, with roughly 130 feet of the berm functioning as the bank of the stream channel. Removal of the berm will allow the stream to reoccupy the original channel at origi- nal grade over 180 feet of stream channel. An estimat- ed 300 yards of berm material will be removed and regraded to eliminate the legacy diversion structure. The berm appears to be developed from an excavation site east of the channel.

If the berm excavation and re- placement of the stream bank do not balance, excess berm material will be returned from where it was ex- cavated. An estimated 180 yards of the berm material will be removed within jurisdictional waters. Once the berm is removed, the channel alignment that existed prior to construction of the legacy work will be recon- structed. Roughly 160 feet of the left bank of the origi- nal channel will be regraded and shaped to a 2:1 slope. Once the berm is removed, ESM will be used to stabilize the channel and banks that were disturbed when removing the berm and reconnecting the chan- nel.

An estimated 90 cubic yards of ESM will be used to provide initial channel stability. Eight– to 12–foot–long sections of small diameter trees and slash will be pinned with rock or keyed into the con- structed stream bank to provide roughness and slow- down water velocities during high flows to prevent erosion and head cutting. Up to 15 cubic yards of large diameter rock will be used as ballast. The banks of the disturbed channel will be shaped at a 2:1 slope and will be planted with willow cuttings. Livestock will be excluded from the revegetation site for three years.

Site 3: Groundwater Retention Structures This Project site involves installing low–tech wood structures in the channel of Meadow Gulch where signs of channel down–cutting are present and where there is limited access to the floodplain. The treat- ment reach is located at the head of an existing dry meadow. Some willow occupies the channel in loca- tions, indicating vegetation access to shallow ground- water.

The objective would ultimately be to reini- tiate the function of the upper portion of the exist- ing meadow by restoring the ability to retain water by increasing the elevation of the channel invert and re–establishing flood plain interaction and a more ro- bust riparian area. Approximately ten structures will be constructed to retain sediment, build channel el- evation, and slow and elevate flow to increase stor- age and retention. This treatment will serve as a pi- lot to explore several low–tech treatment types to de- termine effectiveness and function.

Some field fitment and adaptive management (all manual work) may oc- cur over time to ensure the effectiveness of the struc- tures. Based on the success of the trial, a larger scale treatment approach may be proposed. The exact treat- ment sites and specific methods of treatment have not been determined yet. Additional analysis of recent Li- Dar flights and additional field analysis including in- stallation of monitoring wells at several cross sections will occur prior to site selection.

Proposed structures will be low–tech treatments us- ing live sod and willow, fresh slash, and smaller diam- eter wood made available by the recent wildfire and salvage piles. Treatments will include keyed–in low elevation log placement with pinned slash at selected locations to slow velocity, deposit sediment, and aid in accessing the flood plain. The most complex struc- tures proposed would be buried log weirs or low ele- vation beaver dam analogs (BDAs), potentially in se- ries or where flood plain access could be achieved.

If used, the proposed log weir structure would not el- evate channel elevation by more than 12 inches per structure over the existing elevation profile. Fish pas- sage concerns this high in Meadow Gulch, an ephem- eral stream, are low. However, consideration of pas- sage and jump height limitations will be considered. Site 4: Fire Rehabilitation Structures The uppermost treatment reach is within the stream reach where a recent wildfire passed through the area. The wildfire burned hot, leaving unconsolidated soils on steep topography that pose severe risk for erosion.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1563 The goal of Project activities within this site is to pre- vent channel downcutting and significant sediment transport from occurring within the burned reach and effecting the stream course below by installing up to ten low–lech structures similar to those described in Site 3. Project Size: The total area of ground disturbance associated with the Project is approximately 0.12 acres and 410 linear feet.

The proposed Project complies with the General 401 Certification for Small Habitat Restoration Projects and associated categorical ex- emption from the California Environmental Quality Act (Cal. Code Regs., title 14, § 15333). Project Associated Discharge: Discharge of materi- als into Waters of the State, as defined by Water Code

section 13050, subdivision (e), resulting from the Proj- ect include those associated with the following: (1) en- gineered streambed material, (2) logs with rootwads, (3) small woody debris, (4) grade control rock (5) ero- sion control materials.

Project Timeframes: Start date: December 2025 Completion date: November 2026 Work window: July 1 and November 1 Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration in- tended to improve the quality of waters in California and improve meadow and stream habitat, the North Coast Regional Water Quality Control Board (Re- gional Water Board) issued a Notice of Applicability (NOA) for Coverage under the State Water Resourc- es Control Board General 401 Water Quality Certi- fication Order for Small Habitat Restoration Projects SB12006GN (Order) (Waste Discharge Identification (WDID) Number 1A25163WNSI for the Project.

The NOA describes the Project and requires the Applicant to comply with terms of the Order. Additionally, the Applicant has provided a supplemental document that sets forth measures to avoid and minimize impacts to meadow and stream species. Receiving Water: Meadow Gulch, tributary to the East Fork of the Scott River. Filled or Excavated Area : Permanent area impact- ed: none.

Temporary area impacted: 0.12 acres maximum Length permanently impacted: none Length temporarily impacted: 410 linear feet Discharge Volume: 130 cubic yards (cy) engineered streambed material, 80 cy (or 10–20) logs with root- wads, 30 cy small woody debris, 80 cy grade control rock, and ~5 yards of erosion control materials. Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Regional Water Board staff determined that the Proj- ect, as described in the Notice of Intent (NOI) com- plies with the California Environmental Quality Act (Pub.

Resources Code, § 21000 et seq.). On November 18, 2025, the Director of the Califor- nia Department of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a determina- tion pursuant to Fish and Game Code

section 1653 that the NOA, NOI, and related species protection mea- sures are consistent with the Habitat Restoration and Enhancement Act (HREA) with respect to the Project. Pursuant to Fish and Game Code

section 1653, sub- division (c), CDFW filed an initial notice with the Of- fice of Administrative Law on November 18, 2025, for publishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. No- tice File Number Z–2025–1118–03) on November 28, 2025. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

section 1653, subdi- vision (f). DETERMINATION CDFW has determined that the NOA, NOI, and re- lated species protection measures are consistent with HREA as to the Project and meets the conditions set forth in Fish and Game Code

section 1653 for autho- rizing the Project. Specifically, CDFW finds that:

(1) The Project pur- pose is voluntary habitat restoration and the Project is not required as mitigation; (2) the Project is not part of a regulatory permit for a non–habitat restoration or enhancement construction activity, a regulatory set- tlement, a regulatory enforcement action, or a court order; and (3) the Project meets the eligibility require- ments of the State Water Resources Control Board’s Order for Clean Water Act

section 401 General Wa- ter Quality Certification for Small Habitat Restoration Projects. AVOIDANCE AND MINIMIZATION MEASURES The avoidance and minimization measures for Proj- ect, as required by Fish and Game Code

section 1653, subdivision (b) (4), were included in an attachment to the NOI. The specific avoidance and minimization re- quirements are found in an attachment to the NOI, ti- tled ‘Best Management/Avoidance and Minimization Measures’. MONITORING AND REPORTING As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Moni- toring and Reporting Plan provides a timeline for res-

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 52–Z 1564 toration, performance standards, and monitoring pa- rameters and protocols. Specific requirements of the plan are found within the monitoring

section of the NOI. NOTICE OF COMPLETION Coverage under the State Water Resources Control Board General 401 Water Quality Certification Or- der for Small Habitat Restoration Projects requires the Applicant to submit a Notice of Completion (NOC) no later than 30 days after the project has been complet- ed. A complete NOC includes at a minimum: ● photographs with a descriptive title; ● date the photograph was taken; ● name of the photographic site; ● WDID number indicated above; ● success criteria for the Project.

The NOC shall demonstrate that the Applicant has carried out the Project in accordance with the Project description as provided in the Applicant’s NOI. Appli- cant shall include the project name and WDID num- ber with all future inquiries and document submit- tals. Pursuant to Fish and Game Code

section 1653, subdivision (g), the Applicant shall submit the mon- itoring plan, monitoring report, and notice of com- pletion to CDFW as required by the General Order. Applicant shall submit documents electronically to: Stacey.Alexander@wildlife.ca.gov. PROJECT AUTHORIZATION Pursuant to Fish and Game Code

section 1654, CDFW’s approval of a habitat restoration or enhance- ment project pursuant to

section 1652 or 1653 shall be in lieu of any other permit, agreement, license, or other approval issued by the department, including, but not limited to, those issued pursuant to

Chapter 6 (commencing with

section 1600) and

Chapter 10 (com- mencing with

section 1900) of this Division and Chap- ter 1.5 (commencing with

section 2050) of Division 3. Additionally, Applicant must adhere to all measures contained in the approved NOA and comply with oth- er conditions described in the NOI. If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Applicant shall be required to obtain a new consisten- cy determinati

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2025, No. 52
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	449f3219838c99b399f893d44fb86e8c6f98cafa

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