Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 28-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JULY 14, 2023 PROPOSED ACTION ON REGULATIONS TITLE 4. HORSE RACING BOARD Conduct Detrimental to Horse Racing — Notice File Number Z2023–0630–01 ............................... 891 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Address of Record — Notice File Number Z2023–0705–02 ............................................... 893 TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Training and Testing Specifications for Peace Officer Basic Courses — Learning Domain 35 — Notice File Number Z2023–0705–03 ................................................................. 896 TITLE 14.

FISH AND GAME COMMISSION Annual Inland Sport Fish Updates — Notice File Number Z2023–0703–05 .................................. 898 GENERAL PUBLIC INTEREST OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Notice to Interested Parties ........................................................................ 901 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2023–113–001–R1, French Creek Spawning and Rearing Habitat Project RKM 3.65–3.85, Siskiyou County ................................................ 902 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Beith Creek Livestock Bridge Crossing Project, Tracking Number 1653–2023–117–001–R1, Humboldt .................................................. 905 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2023–112–001–R1, Beaver Haven Restoration Project, Siskiyou County .......................................................................... 905 (Continued on next page)

DEPARTMENT OF FISH AND WILDLIFE Proposed Research on American Peregrine Falcon and Golden Eagle in California ........................... 907 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 2080R–2023–010–01, First Flough Fish Passage, Floodplain Restoration, and Coastal Habitat Connectivity Project ......................................... 908 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 2080R–2023–009–01, Smith River Estuary Habitat Enhancement Project, Del Norte County .............................................................. 911 DECISION NOT TO PROCEED COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Amendment of Commission Regulations 1202 .......................................................... 913 DEPARTMENT OF CORRECTIONS AND REHABILITATION Notice of Proposed Rulemaking Concerning Health Care Administration .................................... 914

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................... 914 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. CALIFORNIA REGULATORY NOTICE REGISTER 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 $205.00 (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 2023, VOLUME NUMBER 28-Z 891 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 4. HORSE RACING BOARD PROPOSED ADDITION OF RULE 1902, CONDUCT DETRIMENTAL TO HORSE RACING The California Horse Racing Board (Board/CHRB) proposes to amend the regulation described below af - ter considering all comments, objections, and recom - mendations regarding the proposed action.

PROPOSED REGULATORY ACTION The Board proposes to amend Board Rule 1902, Conduct Detrimental to Horse Racing, to prohibit the presence at or participation in illegal match racing. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested persons, or their authorized repre - sentative, may submit written comments about the proposed regulatory action to the Board. The writ - ten comment period closes on August 28, 2023. The Board must receive all comments by that time. Submit comments to: Sidney Villareal, Regulations Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263–6008 Email: sdvillareal@chrb.ca.gov AUTHORITY AND REFERENCE Authority cited: Sections 19440 and 19460, Busi - ness and Professions Code (BPC).

Reference: Sections 19440, 19460, and 19572, BPC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW BPC

section 19440 provides that the Board shall have all powers necessary and proper to enable it to carry out fully and effectually the purposes of Horse Racing Law. Responsibilities of the Board shall include, but not be limited to, adopting rules and regulations for the protection of the public and control of horse racing and parimutuel wagering. BPC

section 19460 states all licenses granted under this

chapter are subject to all rules, regulations, and conditions prescribed by the Board. BPC

section 19572 permits the Board to pro - vide for the exclusion or ejection from any inclosure, any known bookmaker, known tout, person who has been convicted of a violation of any provision of this

chapter or of any law prohibiting bookmaking or any other illegal form of wagering on horse races, or any other person whose presence in the inclosure would in the opinion of the board, be inimical to the interests of the state or of legitimate horse racing, or both. BPC

section 19660 states that it is a misdemeanor to directly or indirectly hold or conduct an unlicensed horse race meeting where there is any form of wager - ing on the results. BPC

section 19560 further man - dates that “No person shall, without complying with this chapter, hold or conduct, or assist, aid, or abet in holding or conducting, any meeting in this State where there is horse racing with wagering on its results.” Though similar to 19660, 19560 has broader applica - tion in that it reaches any person who assists, aids, or abets an unlicensed/illegal horse race. BPC

section 19661 explains that any violation of any provision of the Horse Racing Law that does not carry an explic - it penalty shall be a misdemeanor, and additionally, the Board may impose up to a $100,000 fine. Finally, subsection (

j) of Rule 1489, Grounds for Denial or Re- fusal of License, states that the Board may deny (or revoke or suspend via Rule 1900) a license to anyone who violates, aides, abets or conspires to violate any provision of the Horse Racing Law. The proposed amendment to Board Rule 1902 will prohibit the presence or participation in match racing. Match racing, or unsanctioned racing, is illegal due to the occurrence of illicit wagering, which is a misde - meanor as defined under BPC code 19661. Additional- ly, there is a misuse of drugs, animal abuse, and even participant death present at match racing. The intent of the proposed regulation is to provide a pathway

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 892 for prosecution for any CHRB licensees engaged in the conduct of illegal match racing by permitting the Board of Stewards to adjudicate a claim and render a decision that they believe is just. ANTICIPATED BENEFIT OF THE PROPOSED REGULATION At the December 15, 2022 regular Board meet - ing, the People for the Ethical Treatment of Animals (PETA) gave a presentation to the Board.

In their presentation, PETA outlined a 10–month undercov - er investigation of unsanctioned horse racing which identified horses that were injected with methamphet- amine, cocaine, and Ritalin — all class A medication violations and controlled substances. There was also documentation of the use of electro–shocking devic - es, a violation of Penal Code 337(f). PETA also stated in their report that there were numerous catastrophic injuries and heart attacks, and the bodies of injured, euthanized horses were dragged down the track by a tractor in front of all spectators.

California has at least 8 known tracks which have unsanctioned races. While CHRB does not have jurisdiction over unsanctioned racing, they do have jurisdiction over any licensed jockeys, trainers, and owners who cross over to race both at regulated and unregulated tracks. The proposed regulatory action will prohibit a CHRB licensee from attending or participating in un - sanctioned racing.

This will discourage CHRB licens- ees from participating or attending any unsanctioned racing events which will reduce the number of individ- uals participating in unsanctioned racing, which will better protect California racehorses, CHRB licensees, the public, and improve the outlook for the horse rac - ing industry as a whole.

CONSISTENCY EVALUATION Evaluation of Consistency and Compatibility with Existing State Regulations: During the process of de - veloping the regulatory action, the Board conducted a search of any similar regulations on the topic and con- cluded that the proposed rule is the only regulation that addresses the participation in match racing. Therefore, the proposed regulatory action is neither inconsistent nor incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on local agencies and school districts: none. Cost or savings to any state agency: none.

Cost to local agencies and school districts that must be reimbursed in accordance with Government Code (GC) sections 17500 through 17630: none. Other non–discretionary cost or savings imposed upon local agencies: none. Cost or savings in federal funding to the state: none. The Board has made an initial determination that the proposed regulatory action will not have a sig - nificant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

The proposed regulatory action will prohibit CHRB licensees attending or participating in match racing. This will discourage CHRB licensees from participat- ing or attending any unsanctioned racing events which will reduce the number of individuals participating in match racing, which will better protect California racehorses, CHRB licensees, the public, and improve the outlook for the horse racing industry as a whole. The following studies/relevant data were relied upon in making the above determination: PETA ’s undercov- er investigation and report titled “Unsanctioned Horse Racing” dated December 15, 2022.

Cost impact on representative private persons or businesses: none. The Board is not aware of any cost impacts that a representative private person or busi - ness would necessarily incur in reasonable compli - ance with the proposed action. Significant effect on housing costs: none.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS The adoption of the proposed regulatory action will not (1) create or eliminate jobs within the state; (2) create new businesses or eliminate existing business - es within the state; (3) result in the expansion of busi - nesses currently doing business with the state; or (4) benefit the health and welfare of California residents, worker safety, or the state’s environment. The pro - posed regulatory action will better protect California racehorses, CHRB licensees, the public, and improve the outlook for the horse racing industry as a whole.

Effect on small business: none. The proposed reg - ulatory action does not affect small business because small businesses are not legally required to comply with or enforce the regulation and neither derive a benefit nor incur a detriment from the enforcement of the regulation. The proposed regulatory action will prohibit CHRB licensees attending or participating in unsanctioned racing.

This will discourage CHRB licensees from participating or attending any non– recognized racing events which will reduce the num - ber of individuals participating in unsanctioned rac - ing, which will better protect California racehorses,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 893 CHRB licensees, the public, and improve the outlook for the horse racing industry as a whole. CONSIDERATION OF ALTERNATIVES In accordance with GC

section 11346.5, subdivision (a)(13), the Board must determine that no reasonable alternative considered by the Board or that has oth - erwise 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 provision of law.

The Board invites interested persons to present statements or arguments with respect to alternatives to the proposed regulation at the scheduled hearing or during the written comment period.

CONTACT PERSONS Inquiries concerning the substance of the proposed action and requests for copies of the proposed text of the regulation, the initial statement of reasons, the modified text of the regulation, if any, and other infor- mation upon which the rulemaking is based should be directed to: Sidney Villareal, Regulations Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263–6008 Email: sdvillareal@chrb.ca.gov If the person named above is not available, interest- ed parties may contact: Amanda Drummond, Manager Regulations, Industry Applications, and Administrative Hearings Telephone: (916) 869–3255 Email: amdrummond@chrb.ca.gov AVAILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATION The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its offices at the above address.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, and the initial state - ment of reasons. Copies of these documents, or any of the information upon which the proposed rulemaking is based, may be obtained by contacting Sidney Vil - lareal or the alternative contact person at the address, phone number, or email address listed above.

AVAILABILITY OF MODIFIED TEXT After holding a hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulation substantially as described in this notice. If modifications are made that are suffi - ciently related to the originally proposed text, the modified text, with changes clearly marked, shall be made available to the public for at least 15 days prior to the date on which the Board adopts the regulation. Requests for copies of any modified regulation should be sent to the attention of Sidney Villareal at the ad - dress stated above.

The Board will accept written comments on the modified regulation for 15 days after the date on which it is made available. AVAILABILITY OF FINAL STATEMENT OF REASONS Requests for copies of the final statement of reasons, which will be made available after the Board has ad - opted the proposed regulation in its current or mod - ified form, should be sent to the attention of Sidney Villareal at the address stated above. BOARD WEB ACCESS The Board will have the entire rulemaking file avail- able for inspection throughout the rulemaking process at its website.

The rulemaking file consists of this no - tice, the proposed text of the regulation, and the initial statement of reasons. The Board’s website address is www.chrb.ca.gov. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING ADOPT COMMISSION REGULATION 1215 ADDRESS OF RECORD Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to adopt a new regulation in Division 2 of Title 11, of the California Code of Regulations, as described below in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code (GC)

section 11346.8, any interested person, or their duly authorized representative, may request a public hear - ing. POST must receive the written request no later

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 894 than 15 days prior to the close of the public comment period. Public Comments Due by August 28, 2023. Notice is also given that any interested person, or authorized representative, may submit written com - ments relevant to the proposed regulatory action by fax at (916) 404–5619, by email to Michelle Weiler at michelle.weiler@post.ca.gov or by letter to: Commission on POST Attention: Michelle Weiler 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)

section 13503 (authority of POST), and PC § 13506 (POST authority to adopt regulations). This proposal is intended to interpret, implement, and make specific PC § 13503(e), which authorizes POST to develop and implement programs to increase the effectiveness of law enforcement, in - cluding programs involving training and education courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW On September 30, 2021, Governor Newsom signed Senate Bill (SB) 2. SB 2 made significant changes to existing Government and Penal Codes, respectively.

These changes provide for additional peace officer hir- ing eligibility requirements. SB 2 also grants POST the authority to certify all peace officers in California, and subsequently take action against those certifications, should POST determine serious misconduct occurred. While the peace officer eligibility hiring requirements went into effect on January 1, 2022, the remaining changes to Government and Penal Codes went into ef- fect on January 1, 2023. POST is continuing to assess the requirements of SB 2 and adopt new or amend cur- rent regulations to meet these requirements.

This rulemaking action clarifies and makes specif - ic the requirement for peace officers to designate and keep on file with POST, a physical address of record (AOR) to maintain compliance with GC § 11505(c). Currently, Commission Regulation 1215 does not exist; therefore, POST is proposing to adopt this reg - ulation to address the need to require that specified peace officers create a POST PASS account to provide and maintain an AOR for the purpose of correspon - dence regarding a peace officer’s certification, pursu - ant to GC § 11505(c).

The proposed text of Commission Regulation 1215 in this rulemaking action will create regulatory lan - guage to establish that the requirement for an AOR is for the purpose of receiving correspondence from POST specific to a peace officer’s certification. It will also establish the process by which current and future peace officers shall designate and maintain their offi - cial AOR with POST. Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed adoption of the regulation will maintain compliance with GC § 11505(

c) and provide a mechanism to ensure current contact information for all peace officers in Califor - nia for the purpose of correspondence related to in - dividual peace officer certification. This will increase the efficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving public health, safety, and welfare in the state. The pro- posed adoption will have no impact on worker safety or the state’s environment.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that this adoption is not incon- sistent nor incompatible with existing regulations. Af- ter conducting a review for any regulations that would relate to or affect this area, POST has concluded that this is the only regulation that concerns processes and procedures for designating and maintaining an official AOR with POST for the purpose of correspondence related to an individual peace officer’s certification. FORMS INCORPORATED BY REFERENCE There are no forms to be incorporated by reference.

DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Costs to any local agency or school district which must be reimbursed in accordance with GC § 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Costs or savings in federal funding to the state: None.

Cost impacts on a representative private person or business: POST is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro - posed action. Significant, statewide adverse economic impact di - rectly affecting California businesses: POST has de - termined that the proposed regulations will not have a significant, statewide adverse economic impact di -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 895 rectly affecting businesses, including the ability of California businesses to compete with businesses in other states. Significant effect on housing costs: None. Small Business Determination: POST has deter - mined that the proposed regulations will not affect small business because the regulations only affect state agencies that are adopting, amending, or repeal - ing regulations.

Additionally, the Commission’s main function to select and maintain hiring, training, and certification standards for law enforcement has no ef - fect financially on small businesses. RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create nor eliminate jobs in the state of California, (2) unlikely that the proposal will create nor eliminate any businesses, and (3) unlikely that the proposed reg- ulations will result in the expansion of businesses cur- rently doing business within the state.

Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Over - view, the benefits of the regulation will increase the ef- ficiency of the state of California in delivering services to stakeholders by providing clarity and a mechanism to ensure current contact information for all peace of - ficers in California for correspondence related to indi- vidual peace officer certification. Thus, law enforce - ment standards are maintained and effective in pre - serving peace, protection of public health, safety, and welfare in California.

There would be no impact that would affect worker safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES In accordance with GC § 11346.5, subdivision (a)(13), POST must determine that no reasonable alter- native it considered, or that has otherwise identified and brought to its attention, would be more effective in carrying out the purpose for which the action is pro - posed, or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law than the proposed action.

CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Michelle Weiler, Commission on POST, 860 Stillwater Road, Suite 100, West Sacra - mento, CA 95605–1630 at (916) 227– 4870. General questions regarding the regulatory process may be di - rected to Katelynn Poulos at (916) 227–4894.

TEXT OF PROPOSAL Individuals may request copies of the proposed text (the “express terms”) of the regulations, the initial statement of reasons, the modified text of the regu - lations, if any, or other information upon which the rulemaking is based to, the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramen - to, CA 95605–1630. These documents are also lo - cated on the POST Website at https://post.ca.gov/ Regulatory–Actions.

ADOPTION OF PROPOSED REGULATIONS/ AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may mod - ify the proposal if such modifications remain suffi - ciently related to the text as described in the Informa - tive Digest.

If the Commission makes changes to the language before the date of adoption, the text of any modified language, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment period and to all persons who request notification from POST of the availability of such changes. A request for the modified text should be ad- dressed to the agency official designated in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available.

AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(

s) named above. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, and the initial statement of reasons. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 896 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING AMEND COMMISSION REGULATIONS 1005, 1007, AND 1008 LEARNING DOMAIN 35: FIREARMS/ CHEMICAL AGENTS Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the Cal- ifornia Code of Regulations as described below in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code (GC)

section 11346.8, any interested person, or their duly authorized repre - sentative, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period. Public Comments Due by August 28, 2023.

Notice is also given that any interested person, or authorized representative, may submit written com - ments relevant to the proposed regulatory action by fax at (916) 404–5619, by email to Michael Dalisay at michael.dalisay@post.ca.gov or by letter to: Commission on POST Attention: Michael Dalisay 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)

section 13503 (authority of POST), PC § 13506 (POST authority to adopt regu- lations). This proposal is intended to interpret, imple - ment, and make specific PC § 13503(e), which autho- rizes POST to develop and implement programs to in- crease the effectiveness of law enforcement, including programs involving training and education courses.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW PC § 13510 requires POST to develop guidelines, a course of instruction, and training for law enforce - ment officers who are employed as peace officers, or who are not yet employed as a peace officer but are enrolled in a training academy for law enforcement of- ficers. POST staff surveyed Basic Course presenters to determine how many were incorporating instruction on pistol mounted optics into the firearms training. The results indicated an influx of alternative sight - ing systems both in the field and in the basic courses.

Consequently, Learning Domain (LD) 35 (Firearms/ Chemical Agents) needs an essential update to include language on pistol mounted optics. This proposed ac - tion will update the incorporated by reference docu - ment, Training and Testing Specifications for Peace Officer Basic Courses (revised 04/01/2024). This rulemaking action clarifies and makes specific the training and testing specifications for LD 35 (Fire- arms/Chemical Agents). The benefit of the proposed action will provide a foundation for entry–level offi - cers when starting their careers.

It provides resources and information to assist with their overall equipment familiarity and proficiency. Currently, Commission Regulations 1005, 1007, and 1008, incorporate the document, Training and Testing Specifications for Peace Officer Basic Courses, by reference effective on April 1, 2022. The regulations proposed in this rulemaking action will incorporate the document, Training and Testing Specifications for Peace Officer Basic Courses, by ref- erence effective on April 1, 2024.

Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will incorporate modern con - cepts to include technological advancements in prepa- ration for a career in law enforcement and prior to the start of the field training program. This increases the efficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare of California.

The proposed amendments will have no impact on worker safety or the state’s environment. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amend - ments are not inconsistent nor incompatible with ex - isting regulations. After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regula - tions that concern processes and procedures for peace officer eligibility in the state.

FORMS INCORPORATED BY REFERENCE ● Training and Testing Specifications for Peace Of- ficer Basic Courses revised 04/01/2024 DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Costs to any local agency or school district which must be reimbursed in accordance with GC § 17500 through 17630: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 897 Other non–discretionary costs or savings imposed on local agencies: None. Costs or savings in federal funding to the state: None. Cost impacts on a representative private persons or business: POST is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Significant, statewide adverse economic impact di - rectly affecting California businesses: POST has de - termined that the proposed regulations will not have a significant, statewide adverse economic impact di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states. Significant effect on housing costs: None. Small Business Determination: POST has deter - mined that the proposed regulations will not affect small business because the regulations only affect state agencies that are adopting, amending, or repeal - ing regulations.

Additionally, the Commission’s main function to select and maintain training standards for law enforcement has no effect financially on small businesses. RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create nor eliminate jobs in the state of California, (2) unlikely that the proposal will create nor eliminate any businesses, and (3) unlikely that the proposed reg- ulations will result in the expansion of businesses cur- rently doing business within the state.

Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Over - view, the benefits of the regulation will increase the efficiency of the state of California in delivering ser - vices to stakeholders by providing clarity to the re - quirements for background inquiries when evaluat - ing a candidate for peace officer selection. Thus, the law enforcement standards are maintained and effec - tive in preserving peace, protection of public health, safety, and welfare in California. There would be no impact that would affect worker safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES In accordance with GC § 11346.5, subdivision (a)(13), POST must determine that no reasonable alter- native it considered, or that has otherwise identified and brought to its attention, would be more effective in carrying out the purpose for which the action is pro - posed, or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law than the proposed action.

CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Michael Dalisay, Commission on POST, 860 Stillwater Road, Suite 100, West Sacra - mento, CA 95605–1630, at (916) 204–0103. General questions regarding the regulatory process may be di - rected to Katelynn Poulos at (916) 227–4894.

TEXT OF PROPOSAL Individuals may request copies of the proposed text (t he “ex pr e s s t e r m s”) of t he r eg u lat ion s , t he i n it ia l st at e- ment of reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based to, the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630. These documents are also located on the POST Web- site at https://post.ca.gov/Regulatory–Actions.

ADOPTION OF PROPOSED REGULATIONS/ AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may mod - ify the proposal if such modifications remain suffi - ciently related to the text as described in the Informa - tive Digest.

If the Commission makes changes to the language before the date of adoption, the text of any modified language, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment period and to all persons who request notification from POST of the availability of such changes. A request for the modified text should be ad- dressed to the agency official designated in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available.

AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(

s) named above. As of the date this notice is published

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 898 in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, and the initial statement of reasons. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above. TITLE 14. FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the authority vested by Sections 200, 205, 265, 270, 315, 316.5, 399 and 2084 of the Fish and Game Code and to implement, interpret or make specific Sections 200, 205, 265, 270, 316.5 and 2084 of said Code, proposes to amend Sections 7.40 and 7.50, Title 14, California Code of Regulations, relating to inland sport fishing.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This California Department of Fish and Wildlife (Department) proposal includes changes to Title 14, California Code of Regulations (CCR), for the 2023 Sport Fishing Regulatory Cycle. This proposal will amend the fishing regulation boundaries for Chor - ro Creek in San Luis Obispo County and Los Gatos Creek in Santa Clara County, add a new

section to the Russian River special fishing regulations that defines the fishing regulations within the Russian River State Marine Recreation Management Area, and delete an error in regulation for Bear Creek in Shasta and Sis - kiyou counties. The proposed regulatory changes are needed to correct inaccuracies in the current regula - tions to reduce public confusion and improve regula - tory enforcement.

The Department is proposing changes to the follow- ing regulations in Title 14, CCR: ● Subsection 7.40(b)(27), Chorro Creek (San Luis Obispo Co.) ○ Under current regulation, the lower portion of Chorro Creek to Morro Bay is open to fishing during the steelhead season, howev - er, this portion overlaps with the Morro Bay State Marine Reserve which does not allow fishing.

The boundary of the Reserve is the mean high tide line which the Department is proposing as the new boundary resulting in a reduction of approximately 0.75 miles of Chorro Creek to fishing. ○ The reach of the current regulation on Chorro Creek from South Bay Blvd to con - fluence with Morro Bay is approximately 1.0 mile.

The reach of the new regulation from South Bay Blvd to the mean high tide line will be 0.25 miles legally open to fish - ing during the steelhead season. (Note that all measurements are approximations taken from Google Earth). ○ It is unknown how much fishing in this sec - tion of Chorro Creek, within the Morro Bay State Marine Reserve, occurs during steel - head season annually. Department staff reached out to State Parks staff (who occupy an office directly across the street from this

section of Chorro Creek) who indicated that no anglers have been observed fishing this

section in recent years. ● Subsection 7.40(b)(79), Russian River. ○ Add subsection (

D) for the Russian River State Marine Recreational Management Area (RRSMRMA) to inform anglers that fishing is not allowed in the portion of the Russian River defined as the RRSMRMA. Currently, reference to the RRSMRMA is found only in the Ocean Sport Fishing Regulations booklet, but because anglers fishing the Russian River are targeting freshwater and anadromous species, they of- ten only check the Freshwater Sport Fishing Regulations booklet. Because there is no ref- erence to the RRSMRMA in the Freshwater Sport Fishing Regulations booklet, anglers may mistakenly fish in the RRSMRMA. The addition of a subsection 7.40(b)(79)(

D) for the RRSMRMA, which would refer - ence

Section 632(b)(37), would clarify that fishing is not allowed in the portion of the Russian River defined as the RRSMRMA. ● Subsection 7.50(b)(7), Bear Creek. ○ The current sport fish regulations list Bear Creek, Shasta and Siskiyou counties in two different Special Fishing Regulation (7.50(b)) sections which describe conflicting regula - tions for the same water. The legacy regu - lation for Bear Creek 7.50(b)(7) should have been removed when the Fall River Complex regulation (7.50(b)(47)), Bear Creek (

H) was implemented on January 1, 2023. To correct the conflicting regulations the Department is proposing the following changes for Bear Creek: Remove

Section 7.50(b)

(7) Bear Creek and tributaries (Shasta and Siskiyou counties) between Ponderosa Way bridge and con - fluence with Fall River and keep

Section 7.50(b)

(47) Fall River Complex (Shasta and Siskiyou cos.), (

H) Bear Creek (downstream of Pondosa Way bridge).

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 899 ● Subsection 7.50(b)(81), Los Gatos Creek. ○ Sections 7.50(b)(81) and 7.40(b)(47) current- ly conflict. Camden Avenue drop is down - stream of Vasona Lake meaning there is an overlap of the trout and steelhead reg - ulations in 2.13 miles of Los Gatos Creek downstream of Vasona Lake. The intent was to protect anadromous fish below barri- ers and allow for different regulations above barriers where resident trout are present.

Although there is a significant fish barrier at Camden drop structure, steelhead have been observed upstream of the structure in very wet years. The Vasona Lake dam is a complete barrier to anadromy. The regula - tions should clearly define consistent bound- aries and protect our Federally Endangered Species Act threatened population of Central California Coast steelhead ( Oncorhynchus mykiss). This proposed regulation change would amend

Section 7.50(b)(81) to the follow - ing — Los Gatos Creek (Santa Clara Co.) upstream of Vasona Lake dam including Lexington Reservoir and all tributaries. This regulation change would be replacing “Camden drop” with “Vasona Lake Dam.” The number of anglers that would be affect- ed by this change is expected to be small. Benefits of the Proposed Regulations As stated in Fish and Game Code

Section 1700, Conservation of Aquatic Resources, it is the policy of this state to encourage the conservation, maintenance, and utilization of the living resources of the ocean and other waters under the jurisdiction and influence of the state for the benefit of all the citizens of the state and to promote the development of local fisheries and distant water fisheries based in California in harmo - ny with international law, respecting fishing and the conservation of the living resources of the ocean and other waters under the jurisdiction and influence of the state.

The objectives of this policy include, but are not limited to, the maintenance of sufficient populations of all species of aquatic organisms to ensure their con- tinued existence, and the maintenance of a sufficient resource to support a reasonable sport use. Adoption of scientifically–based sport fish seasons, size limits, and bag and possession limits provides for the main - tenance of sufficient populations sport fish to ensure their continued existence.

The benefits of the proposed regulations are consis- tent with the sustainable management of California’s sport fisheries, general health and welfare of Califor - nia residents, and promotion of businesses that rely on sport fishing throughout California. Consistency and Compatibility with Existing Regulations

Article IV,

Section 20 of the State Constitution spec- ifies that the Legislature may delegate to the Fish and Game Commission such powers relating to the pro - tection and propagation of fish and game as the Leg - islature sees fit. The Legislature has delegated to the Commission the power to regulate recreational fishing in waters of the state (Fish and Game Code sections 200, 205, 315, and 316.5). The Commission has re - viewed its own regulations and finds that the proposed regulations are neither inconsistent nor incompatible with existing state regulations.

The Commission has searched the California Code of Regulations and finds no other state agency regulations pertaining to trout sport fishing seasons, bag, and possession limits. PUBLIC PARTICIPATION Comments Submitted by Mail or Email It is requested, but not required, that written com - ments be submitted on or before September 28, 2023 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 October 5, 2023.

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, PO Box 944209, Sacramento, CA 94244–2090. MEETINGS NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in River Lodge Conference Center, 1800 Riverwalk Drive, in For- tuna, California, which will commence at 8:00 a.m. on August 22, 2023 and may continue at 8:00 a.m. on August 23, 2023.

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.

NOTICE IS ALSO GIVEN that any person inter - ested may present statements, orally or in writing, rel- evant to this action at a hearing to be held in San Jose, California, which will commence at 8:00 a.m. on Oc- tober 11, 2023 and may continue at 8:00 a.m., on Oc- tober 12, 2023. The exact location of this meeting has not yet been determined. As soon as this information is available, but not less than ten days before the hear- ing, a continuation notice will be sent to interested

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 900 and affected parties providing the exact location. The continuation notice will also be published on the Com- mission’s website. 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 concern - ing the regulatory process to Melissa Miller–Henson or David Haug at FGC@fgc.ca.gov or at the preceding address or phone number. Sarah Mussulman, Inland Fisheries Program Manager, Department of Fish and Wildlife, sarah.mussulman@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. Circumstances beyond the control of the Commission (e.g., timing of Federal regulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be responsive to public recommendation and comments during the regulatory process may preclude full compliance with the 15–day comment period, and the Commission will exercise its powers under

Section 265 of the Fish and Game Code. Regulations adopted pursuant to this

section are not subject to the time pe - riods for adoption, amendment or repeal of regulations prescribed in sections 11343.4, 11346.4, 11346.8 and 11347.1 of the Government Code. Any person interest- ed 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 signifi - cant statewide adverse economic impact direct - ly affecting business, including the ability of California businesses to compete with business - es in other states. The proposed changes provide clarification of existing regulations that are nec - essary for the continued preservation of the re - source, while providing inland sport fishing op - portunities and thus, the prevention of adverse economic impacts. (

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 adverse im - pacts on the creation or elimination of jobs within the state. The Commission does not anticipate ad- verse impacts on the creation of new business, the elimination of existing businesses or the expan - sion of businesses in California.

The proposed changes are to provide clarification of existing regulations that are not anticipated to change the level of fishing activity and thus the demand for goods and services related to sportfishing that could impact the demand for labor, nor induce the creation of new businesses, the elimination, nor the expansion of businesses in California. The Commission anticipates benefits to the en - vironment by the sustainable management of fishery resources throughout the state. The Commission does not anticipate any benefits to the health and welfare of California residents or to worker safety. (

c) Cost Impacts on a Representative Private Person or Business:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 901 The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compli - ance with the proposed action. (

d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: None. No changes to state agencies or to costs or savings in federal funding are anticipated by the proposed clarification of existing regulations. The Department program implementation and enforcement are projected to remain the same with a stable volume of fishing activity. (

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.

GENERAL PUBLIC INTEREST OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT ANNOUNCEMENT OF AVAILABILITY OF A SECOND DRAFT TECHNICAL SUPPORT DOCUMENT FOR PROPOSED PUBLIC HEALTH GOALS FOR PERFLUOROOCTANOIC ACID AND PERFLUOROOCTANE SULFONIC ACID IN DRINKING W ATER The Office of Environmental Health Hazard Assess- ment (OEHHA) of the California Environmental Pro - tection Agency is announcing the release of a second draft document for public review describing proposed Public Health Goals (PHGs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in drinking water.

A PHG is the level of a drinking water contami - nant at which adverse health effects are not expected to occur from a lifetime of exposure. The California Safe Drinking Water Act of 1996 (codified at Health and Safety Code,

section 116270 et seq. ) requires OEHHA to develop PHGs based exclusively on public health considerations, as stated in Health and Safety Code,

section 116365(c). PHGs published by OEHHA are considered by the State Water Resources Control Board in setting drinking water regulatory standards (Maximum Contaminant Levels, or MCLs) for Cali - fornia, as stated in Health and Safety Code,

section 116365(

a) and (b). The second draft technical support document, posted on the OEHHA website ( https://oehha.ca.gov/ water), presents the scientific information available on the toxicity of PFOA and PFOS and the calculation of the proposed PHGs. The proposed PHG of 0.007 parts per trillion (ppt) for PFOA is based on kidney cancer in humans, and the proposed PHG of 1 ppt for PFOS is based on liver and pancreatic tumors in laboratory animals. The proposed PHGs are set at a level of risk of one additional cancer case per one million persons exposed over a lifetime.

The draft document also pres- ents health–protective drinking water concentrations for noncancer health effects. The proposed noncancer health–protective concentrations are 3 ppt for PFOA, based on increased risk of liver damage in humans, and 2 ppt for PFOS, based on increased total cho - lesterol in humans. The proposed PHGs and health– protective concentrations presented in the second draft do not differ from those presented in the first draft.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 902 The draft technical support document was released for a 60–day public comment period in July 2021, and underwent an external scientific peer review in Febru- ary 2022. The draft technical support document has been revised in response to public and peer–review comments and is being released for a 30–day public comment period that begins July 14, 2023 and ends August 14, 2023. The public is encouraged to submit written com - ments via OEHHA ’s website, rather than in paper form.

Comments may be submitted electronically through the following link: https://oehha.ca.gov/comments. Hard–copy comments may be mailed or hand– delivered to the address below. Any written com - ments concerning this draft PHG document, regard - less of the form or method of transmission, must be received by the PHG program by August 14, 2023, to be considered. OEHHA encourages all commenters to submit their comments in a format compliant with

Section 508 of the federal Rehabilitation Act, Web Content Acces - sibility Guidelines 2.0, and California Government Code sections 7405 and 11135, so that they can be read using screen reader technology. OEHHA is subject to the California Public Records Act and other laws that require the release of certain information upon request. If you provide comments, please be aware that your name, address, and e–mail may be available to third parties. Following the public comment period, OEHHA will evaluate all the comments received and revise the document as appropriate.

The final document will be posted on the OEHHA website along with responses to the external peer review comments and to major comments received during the two public comment periods. If you would like to receive further information on this announcement or have questions, please contact Hermelinda Jimenez at PHG.Program@oehha.ca.gov or at (916) 324–7572. FAX inquiries or comments can be submitted to (916) 323–2265. Written inquiries can also be addressed to: Pesticide and Environmental Toxicology Branch Office of Environmental Health Hazard Assessment California Environmental Protection Agency 1001 I Street P.O.

Box 4010, MS–12B Sacramento, California 95812–4010 Attention: PHG Program DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NUMBER 1653–2023–113–001–R1 Project: French Creek Spawning and Rearing Habitat Project RKM 3.65–3.85 Location: Siskiyou County Applicant: Betsy Stapleton, Scott River Watershed Council Background Project Location: The French Creek Spawning and Rearing Habitat Project RKM 3.65–3.85 (Project) is located at 5104 French Creek Rd, Etna, California, 96027 within French Creek, approximately 2.5 miles upstream of the Scott River–French Creek confluence, and approximately 0.5 mile below the French–Miners Creek confluence, at a property owned by Michael and Betsy Stapleton, Assessor Parcel Number (APN) 023–171–060, and affects French Creek, tributary of the Scott River.

Project Description: Scott River Watershed Council (Applicant) proposes to enhance or restore habitat within French Creek to provide a net con - servation benefit for coho salmon ( Oncorhynchus kisutch) by improving rearing habitat for both over– summering and over–wintering coho salmon and to increase spawning habitat capacity.

The Project in - cludes the installation of six large wood structures instream, the addition of spawning gravels, the ex - cavation of a side channel, and the removal of non– native vegetation with subsequent planting of a mix of willows and cottonwoods along a 590–foot–long reach of French Creek. The wood structures will consist of logs, root wads, driven poles, boulders, and river run gravels ranging in size from about 0.5 to 3 inches. The structures will differ in their longitudinal extent and wood orienta - tion.

Wood will be stabilized using one or more tech - niques, including partially burying a portion of the log or rootwad into the bank, bracing and lacing logs and rootwads within existing vegetation, driving poles ad- jacent to the logs/rootwads, and/or placing boulders on the logs or rootwads. The general location of the logs and rootwads are depicted in the plans provided in the Notice of Intent (NOI), however, the exact locations will be determined in the field. Construction access will occur from the west bank and French Creek Road.

The contractor will cut tem - porary access routes through the existing vegetation to access the large wood structure sites. Trees will be

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 903 protected to the extent possible when developing ac - cess, but some smaller diameter trees (less than eight inches in diameter) may need to be removed. The side channel will be excavated to enhance an existing channel located about 3,400 feet upstream of the Miner’s Creek Bridge. The side channel extends from the primary channel to a secondary channel where a previous restoration project has constructed beaver dam analogs (BDAs).

The proposed side chan- nel is designed to promote water flow to the existing channel during moderate flow events that exceed the ordinary high–water elevation in the primary channel. The side channel entrance elevation will be set at the top of the ordinary high–water line. The channel will have a bottom width of approximately eight feet. The side slope will vary based on field conditions but will generally range from about 1:1 to 4:1. The channel alignment and slopes will be adjusted in the field to minimize disturbance to existing vegetation.

Rough - ness structures consisting of wood piles with channel spanning small diameter woody debris will be placed along the side channel to limit the channel capacity and provide cover and habitat complexity. In addition to the instream work, about 0.8 acres of invasive Armenian blackberry ( Rubus armeniacus ) located within the Project footprint will be removed.

Following invasive vegetation removal, native cotton- wood and willow stakes will be planted by excavating planning trenches down to the water table, placing or- ganic material into the trenches along with the plant stakes, backfilling with an excavator or tractor, and using water under pressure to hose in fines to improve stem to soil contact. Organic materials may consist of wood, wood chips, compost, and biochar. The Project may require future adaptive manage - ment to achieve maximal ecological benefit.

The Project reach is a dynamic fluvial corridor and future events such as channel avulsion, accumulations of wood, invasive vegetation, or riparian planting failure may require management actions. Future phases will be detailed in annual work–plans to be approved by the Regional Water Board and the California Depart - ment of Fish and Wildlife (CDFW) and will be limited to cumulative total impacts of less than 500 lineal feet of stream bank impact and 5 acres to comply with the CEQA Categorical Exemption for Small Habitat Res - toration Projects (15333).

Such future phases may in - clude placing posts into naturally constructed beaver dams or natural log jams to enhance their integrity in high flow events, building BDAs, additional channel and/or floodplain excavation, sediment removal from channel connection points, additional riparian plant - ing, planting maintenance, and invasive vegetation management, and pile or broadcast burning. In addi - tion to future phases with major construction activi - ty requiring heavy equipment and agency approvals, minor adaptive management activities utilizing hand tools and hand labor may proceed on an as needed ba- sis.

All project activities will occur within the project footprint consisting of 2.72 acres, or with the addition of up to 2.28 acres as described and authorized in an annual work plan. The Project will be implemented in accordance with all information provided in the NOI and supplemental documents included in the application package. Project Size: The total area of ground disturbance associated with the Project is approximately 5 acres and 500 linear feet. The Applicant has included project size calculations that were used to determine the total size of the Project.

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

section 13050 subdivision (e), resulting from the Project include those associated with the following: nine logs, 25 rootwads, 150 poles, 26 cubic yards of 1.5 to 2–ton boulders, 150 cubic yards of spawning gravels, 1,000 willow cuttings, 24 nurse logs, 75 cubic yards of wood chips, and an incidental amount of na - tive sediment.

Project Timeframes: Start date: June 1, 2023 Completion date: May 25, 2028 Work window: Instream — September 1–November 15 Out of stream work — September 1–February 27 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 rearing habitat, the North Coast Regional Water Quality Control Board (Regional Water Board) issued a Notice of Applicability (NOA) for Cover - age under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects SB12006GN (Or - der) (Waste Discharge Identification (WDID) Number 1A23058WNSI, 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 mea- sures to avoid and minimize impacts to coho salmon. Receiving Waters: French Creek, a tributary to the Scott River. Filled or Excavated Areas: Temporary area im - pacted: 5 acres maximum Length temporarily impacted: 500 linear feet Discharge volume: Approximately nine logs, 25 rootwads, 150 poles, 26 cubic yards of 1.5 to 2–ton boulders, 150 cubic yards of spawning gravels, 1,000 willow cuttings, 24 nurse logs, 75 cubic yards of wood

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 904 chips, and an incidental amount of native sediment will be discharged to waters of the state. Project location: The project is located within French Creek, tributary of the Scott River, near the town of Etna in Siskiyou County. The coordinates of the Project are 41.395229° North, 122.871247° West (upstream extent) and 41.396523° North, 122.870235° West (downstream extent). 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 May 30, 2023, the Director of the California Department of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a determination pursuant to Fish and Game Code

Section 1653 that the NOA, NOI, and related species protection measures are consistent with the Habitat Restoration and En - hancement 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 Office of Administrative Law on May 30, 2023, for publishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. No - tice File Number (Z–2023–0530–05) on June 9, 2023. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

section 1653 subdivision (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 Water 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 measures as well as water quality protection measures are found in the addendum titled: FrenchCreekPro- jectNOIDescription.pdf — Best Management Practic- es and Resource Protection Measures (beginning on page 14) of the addendum. 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 - toration, performance standards, and monitoring pa - rameters and protocols. Specific requirements of the plan are found in an attachment to the NOI. Notice of Completion Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order 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, WDID number with all future inquiries and document submittals. Pursuant to Fish and Game Code

section 1653, subdivision (g), the Applicant shall submit the monitoring plan, mon - itoring report, and notice of completion to CDFW as required by the General Order. Applicant shall submit documents electronically to: R1HABCONRedding@ 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 (commencing with

section 1900) of this Division and

Chapter 1.5 (commencing with

section 2050) of Di - vision 3. Additionally, Applicant must adhere to all measures contained in the approved NOA and comply with other 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 determination from CDFW. (See generally Fish & Game Code, § 1654, subdivision (c).)

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 905 DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR BEITH CREEK LIVESTOCK BRIDGE CROSSING PROJECT (TRACKING NUMBER: 1653–2023–117–001–R1) HUMBOLDT California Department of Fish and Wildlife (CDFW) received a Request to Approve on June 28, 2023, that the City of Arcata proposes to carry out a habitat restoration or enhancement project pursuant to Fish and Game Code

section 1653. The proposed project involves replacing an open ford cattle cross - ing with a free span bridge, install exclusion fencing around the riparian corridor, and plant willow sprigs on the stream banks and riparian areas. The proposed project will be carried out on Beith Creek, located in Jacoby Creek Gannon Slough Wildlife Area, Arcata, Humboldt County, California.

On April 3, 2023, the North Coast Regional Water Quality Control Board (Regional Water Board) re - ceived a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the Be - ith Creek Livestock Bridge Crossing Project.

The Re - gional Water Board determined that the Project, as described in the NOI, was categorically exempt from California Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the eligibility requirements for coverage un - der the General 401 Order. The Regional Water Board issued a Notice of Applicability (WDID Number 1B23032WNHU; ECM PIN Number CW–887574) for coverage under the General 401 Order on 5/23/2023. The City of Arcata is requesting a determination that the project and associated documents are com - plete pursuant to Fish and Game Code

section 1653 subdivision (d). If CDFW determines the project is complete, the City of Arcata will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) or a Lake or Stream- bed Alteration Agreement under Fish and Game Code

section 1605 for the proposed project. In accordance with Fish and Game Code

section 1653 subdivision (e), if CDFW determines during the review, based on substantial evidence, that the request is not complete, the City of Arcata will have the op - portunity to submit under Fish and Game Code sec - tion 1652.

DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NUMBER 1653–2023–112–001–R1 Project: Beaver Haven Restoration Project Location: Siskiyou County Applicant: Betsy Stapleton, Scott River Watershed Council Background Project Location: The Beaver Haven Restoration Project (Project) is located on Sugar Creek Rd, 0.25 miles west from the Sugar Creek Rd and the CA State Route 3 junction near the community of Callahan in Siskiyou County at a property owned by Bettina von Hagen, Assessor Parcel Number (APN) 031–490–480, and affects Sugar Creek, a tributary to the Scott River.

Project Description: The Scott River Watershed Council (Applicant) proposes to enhance or restore habitat within Sugar Creek to provide a net conserva - tion benefit for coho salmon ( Oncorhynchus kisutch). The objectives of the Project are to improve in–stream conditions, improve floodplain connectivity, re– establish stable beaver occupation, improve riparian vegetation, and create access trails for restoration and for educational tours. The Project includes using low tech, process–based restoration methods, such as hand winching existing stream–side wood into the stream channels.

The Proj - ect will build up to 58 log jams and up to 70 beaver dam analogs (BDAs). Restoration will occur in mul - tiple channels across the five–acre Project footprint. Foot access will be established to carry out restoration and monitoring, including simple log bridges (logs with decking) placed over the multiple channels, and an elevated board walkway (as needed) placed on posts to avoid damaging sensitive areas. Materials will be natural, untreated wood, brush, straw/hay, and oth- er materials similar to those existing on site.

Invasive species will be hand grubbed, pulled, and/or chopped, removed, and then the material will be mulched or burned. Some existing mature cottonwood trees may be protected from further beaver browsing with cag - ing, sand painting, or other techniques. The Project will be carried out with an adaptive, field fit strategy completed in annual work windows over five years. Activities may proceed as needed within the work windows and using the tools and tech- niques and resource protection measures, as described in the application package.

The Applicant will notify Regional Water Board and the California Department

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 906 of Fish and Wildlife (CDFW) at least two weeks prior to commencing activities with work dates and a gen - eral description of the work activities. Techniques may include placing posts into naturally constructed bea - ver dams and/or log jams to enhance their integrity in high flow events, building BDAs, hand construction of log jams, riparian planting, planting maintenance, invasive vegetation management, and prescribed burning.

In addition to construction of the habitat restoration features described above, untreated wooden posts may be driven into the ground on which to affix cross members and decking to create elevated walkways as needed to protect sensitive soils and wetlands. Logs or saw lumber may be placed cross sectionally to stream side channels with decking placed to create small bridge crossings over side–channels. Gravel may be placed on the trail to decrease soil erosion. An exist - ing roadbed lies outside of the riparian zone.

Routine maintenance of this road, including grading and road - bed material will be undertaken outside of the permit terms and conditions. No discharges to the stream or impacts to riparian vegetation will occur from road rehabilitation. Cultural or prescribed burning may take place as permitted and authorized by Cal Fire and the Air Quality Control Board. Project Size: The total area of ground disturbance associated with the Project is approximately 5 acres and 500 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: 250 posts, 10 logs, and 25 cubic yards of native vegetation.

Project Timeframes: Start date: July 2023 Completion date: May 2028 Work window: Instream — September 1–November 15 Out of stream work — September 1–February 27 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 500 linear feet of coho salmon spawning and rearing habitat, the North Coast Regional Water Quality Control Board (Regional Water Board) issued a Notice of Applicability (NOA) for Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects SB12006GN (Order) (Waste Dis- charge Identification (WDID) Number 1A23057WN - SI.

The NOA describes the Project and requires the Applicant to comply with terms of the Order. Addi - tionally, the Applicant has provided a supplemental document that sets forth measures to avoid and mini - mize impacts to coho salmon. Receiving Waters: Sugar Creek, a tributary to the Scott River. Filled or Excavated Areas: Temporary area im - pacted: 5 acres maximum Length temporarily impacted: 500 linear feet Discharge volume: 250 posts, 10 logs, and 25 cubic yards of native vegetation.

Project location: The project is located within Sugar Creek, a tributary of the Scott River, near the commu- nity of Callahan in Siskiyou County. The coordinates of the Project 41.33794° North, 122.826785° West. 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 May 30, 2023, the Director of the California Department of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a determination pursuant to Fish and Game Code

Section 1653 that the NOA, NOI, and related species protection measures are consistent with the Habitat Restoration and En - hancement 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 Office of Administrative Law on May 30, 2023, for publishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. No - tice File Number Z–2023–0530–04) on June 9, 2023. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

section 1653 subdivision (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 Water 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,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 907 subdivision (b)(4), were included in an attachment to the NOI. The specific avoidance and minimization measures as well as water quality protection measures are found in the addendum titled: FinalBHNOIPro - jectDescription.pdf — Best Management Practices and Resource Protection Measures (beginning on page 12) of the addendum. 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 - toration, performance standards, and monitoring pa - rameters and protocols. Specific requirements of the plan are found in an attachment to the NOI. Notice of Completion Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order 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, WDID number with all future inquiries and document submittals. Pursuant to Fish and Game Code

section 1653, subdivision (g), the Applicant shall submit the monitoring plan, mon - itoring report, and notice of completion to CDFW as required by the General Order. Applicant shall submit documents electronically to: R1HABCONRedding@ wildlife.ca.gov. Project Authorization Pursuant to Fish and Game Code

section 1654, CD- FW’s approval of a habitat restoration or enhancement 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 (com - mencing 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 other 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 determination from CDFW. (See generally Fish & Game Code, § 1654, subdivision (c).) DEPARTMENT OF FISH AND WILDLIFE PROPOSED RESEARCH ON FULLY PROTECTED SPECIES RESEARCH ON AMERICAN PEREGRINE FALCON AND GOLDEN EAGLE IN CALIFORNIA The Department of Fish and Wildlife (Depart - ment) received a proposal on July 5, 2021, from Dan - iel Driscoll of American Eagle Research Institute (AERIE), requesting authorization to take American peregrine falcon ( Falcoperegrinus anatum ; hereafter ‘falcon’) and golden eagle (Aquila chrysaetos; hereaf- ter ‘eagle’), both Fully Protected bird species, for sci - entific research purposes, consistent with protection and conservation of the species.

Daniel Driscoll’s research has two primary compo - nents: 1) understanding impacts of renewable energy projects, mining projects, and powerline retrofitting on eagles, and 2) management of falcon predation for the purposes of enhancing the survival of breed - ing California least tern ( Sternula antillarum browni ; hereafter ‘tern’), a fully protected, state endangered, and federally endangered species, and western snowy plover ( Charadrius alexandrines nivosus ; hereafter ‘plover’), a federally threatened species.

The proposed activities with eagles include ground and helicopter surveys, nest monitoring and access for nest inventory, occupancy, and reproduction as - sessment; capture and banding with United States Geological Survey (USGS) metal bands and color– anodized visual identification (VID) bands; sampling blood and feathers for ongoing genetics and lead ex - posure studies; and attaching VHF, GSM cellular, or PTT satellite transmitters to estimate home range, habitat use, seasonal movements, mortality factors, survival, adult tenure, and natal dispersal.

The pro - posed activities with falcons include nest monitoring, access, placing cameras at the nest, and collecting pel- lets and prey remains to identify prey species taken near tern and plover breeding colonies; capture and banding with USGS metal bands and color–anodized visual identification (VID) bands; sampling blood and feathers for genetics and contaminant exposure stud - ies; and attaching VHF, GSM cellular, or PTT satellite transmitters to assess movement as it relates to plo - ver and tern breeding colonies. Falcons captured at tern and plover colonies will be relocated in compli -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 908 ance with the United States Fish and Wildlife Service (USFWS) Guidance for Avian Predator Capture and Relocation in California in coordination with the De - partment and USFWS. If any eagles or falcons are found dead, they will be salvaged and transported to the Department for necropsy (eagles and falcons) or sent to the National Eagle Repository (eagles), as designated by the Department and the U.S. Fish and Wildlife Service. No adverse effects on individuals or populations are expected.

The Department intends to issue, under specified conditions, an amended Memorandum of Understand- ing (MOU) that would authorize the applicant to car - ry out the proposed activities. The applicant is also required to have valid federal permits and a scientif - ic collecting permit for this research on falcons and eagles and to incidentally take other bird species in California. Pursuant to California Fish and Game Code (FGC)

Section 3511(a)(1), the Department may authorize take of Fully Protected bird species after a 30–day notice period has been provided to affected and interested parties through publication of this notice. If the De - partment determines that the proposed research is consistent with the requirements of FGC

Section 3511 for take of Fully Protected birds, it will issue the au- thorization on or after August 28, 2023, for an initial and renewable term of three years. Contact: Shannon Skalos, Shannon.Skalos@wildlife.ca.gov.

DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONSISTENCY DETERMINATION N UMBER 2080R–2023–010–01 Project: F irst Slough Fish Passage, Floodplain R estoration, and Coastal Habitat C onnectivity Project Location: H umboldt County Applicant: C ity of Eureka Background The City of Eureka (Applicant) proposes to restore aquatic and riparian habitat and remediate multiple fish passage barriers in First Slough located at latitude: 40.801389, longitude: –124.151562 (Restoration Proj- ect Site).

The First Slough Fish Passage, Floodplain Restoration, and Coastal Habitat Connectivity Project (Restoration Project) will restore aquatic habitat con - nectivity and create and enhance habitat features in First Slough. Specific restoration actions include re - moving an existing stream crossing, upgrading two undersized crossings, reconfiguring the First Slough channel to increase sinuosity, creating three off–chan- nel alcoves, installing large wood features, and plant - ing native species.

The Restoration Project activities described above are expected to take 1 Southern Oregon/Northern Cal - ifornia Coast coho salmon ( Oncorhynchus kisutch ; Covered Species) where those activities take place within First Slough. In particular, the Covered Spe - cies could be taken as a result of movement out of harm’s way prior to restoration activities. Capturing and handling of Covered Species during relocation activities can result in stress, physical injury, and mortality of individuals. Additionally, relocation into receiving waters can have density–dependent effects such as increased competition.

The Covered Species is designated as a threatened species pursuant to both the federal Endangered Species Act (ESA) (16 U.S.C. § 1 531 et seq.) and the California Endangered Species Act (CESA). ( Fish & Game Code, § 2 050 et seq.; Cal. Code Regs., title 14, § 670.5, subdivision (b)(2)(D).) Covered Species individuals are documented as present in First Slough immediately downstream of the Restoration Project Site, and there is suitable hab - itat for the Covered Species within and adjacent to the Restoration Project Site.

Because of the proximity of the nearest documented Covered Species, dispersal patterns of the Covered Species, and the presence of suitable habitat for the Covered Species within the Restoration Project Site, the National Marine Fisher - ies Service (NMFS or Service) determined that the Covered Species is reasonably certain to occur within the Restoration Project Site and that Restoration Proj- ect activities are expected to result in take of the Cov- ered Species.

The Service anticipates that an estimat - ed maximum of 600 juvenile Covered Species could be captured, of which 18 may be killed as a result of implementing the proposed Restoration Project and expects higher numbers of Covered Species to occur within the Restoration Project site after the Resto - ration Project is complete. The intent of the Restoration Project is to increase juvenile rearing habitat for the Covered Species. Spe - cifically, the Restoration Project will create backwater features and remove aquatic passage impediments.

Additionally, the installation of large wood features and planting of native species will improve habi - tat quality for the Covered Species. The Service has determined that the long–term effects of Restoration Project actions will be beneficial to the Covered Spe - 1 Pursuant to Fish and Game Code

section 86, “ ‘Take’ means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” See also Environmental Protection In - formation Center v. California Department of Forestry and Fire Protection (2008) 44 Cal.4th 459, 507 (for purposes of incidental take permitting under Fish and Game Code

section 2081, subdivi- sion (b), “ ‘take’… means to catch, capture or kill”).

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 909 cies and are expected to result in increased usage of the Restoration Project Site by Covered Species. Ac - cording to the Service, construction of the Restoration Project will result in the realignment of approximately 700 feet of channel and restored access of one mile of new habitat for Covered Species following the remedi- ation of the existing stream crossings on First Slough.

Because the Restoration Project is expected to result in take of a species designated as threatened under the federal ESA, the Northern California Office of the Na- tional Oceanic and Atmospheric Administration Res - toration Center (NOAA RC) and the U.S. Army Corps of Engineers, San Francisco District Regulatory Divi- sion (Corps) consulted with the National Marine Fish- eries Service West Coast Region California Coastal Office (NMFS WCR CCO) to revise their restoration program (Program), as required by the ESA.

On March 31, 2022, the NMFS WCR CCO issued a programmat- ic biological opinion, entitled Endangered Species Act

Section 7(a)

(2) Biological Opinion and Magnuson– Stevens Fishery Conservation and Management Act Essential Fish Habitat Response for the NOAA Res - toration Center and U.S. Army Corps of Engineers’ Restoration Program for Northern California, (NMFS Consultation No: WCRO–2021–02830; “PBO”) to the NOAA RC and the Corps for eligible restoration proj- ects. The PBO describes eligible restoration projects and requires all project applicants operating under the PBO to comply with terms of the PBO and its inciden- tal take statement (ITS).

The Applicant submitted a project–specific application for the Restoration Project dated February 6, 2023, to the NOAA RC, a copy of which is attached hereto and incorporated herein as Exhibit 1. The NOAA RC issued a project–specific ap- proval to the Applicant for the Restoration Project on February 13, 2023, a copy of which is attached hereto and incorporated herein as Exhibit 2.

The NOAA RC’s project–specific approval for the Restoration Project requires the Applicant to comply with the terms of the ITS, along with the accompanying PBO, project– specific application, and project–specific approval, when carrying out the Restoration Project. On June 8, 2023, the Director of the California De - partment of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a determination pursuant to Fish and Game Code

section 2080.1 that the ITS, along with the accompanying PBO, project– specific application, and project–specific approval, is consistent with CESA for purposes of the Restoration Project and the Covered Species. (Cal. Reg.

Notice Register 2023, Number 25–Z, page 841.) Determination Upon evaluation of the Restoration Project, CDFW has determined that the ITS, along with the accom - panying PBO, project–specific application, and proj - ect–specific approval, is consistent with CESA as to the Restoration Project and the Covered Species be - cause the measures contained in the ITS, along with the accompanying PBO, project–specific application, and project–specific approval, meet the conditions set forth in Fish and Game Code

section 2081, subdivi - sions (

a) and (c), for authorizing take of CESA–listed species. Specifically, CDFW finds that: (1) take of the Covered Species will be for management purposes; (2) the measures required are roughly proportional in extent to any impact on the Covered Species that is caused by the Restoration Project; (3) the measures re- quired maintain the Permittee’s project purpose to the greatest extent possible; and (4) the Restoration Proj - ect will not jeopardize the continued existence of the Covered Species. Avoidance and Minimization Measures .

The avoid- ance and minimization, measures in the ITS, along with the accompanying PBO, project–specific appli - cation, and project–specific approval, include, but are not limited to, the following: 1) The general construction season will be from June 15 to November 1. Restoration, construc - tion, Covered Species relocation, and dewater - ing activities within any wetted and/or flowing creek channel shall only occur within this period.

Extensions to this work season can be granted if there is less than a 50 percent chance of 1.5 inches of rain predicted over any 24–hour period during the granted time extension. 2) Before beginning project work, a dewatering and Covered Species capture and relocation plan will be submitted to the NOAA RC or the Corps. CDFW also requests a copy of the dewatering and capture and relocation plan. 3) Covered Species shall be excluded from the work area by blocking the stream channel above and below the work area with fine–meshed block nets or screens. Mesh openings will be no greater than 1/8 inch.

Screens must be checked twice daily, or more frequently as needed, and cleaned of debris to permit free flow of water. Block nets shall be placed and maintained throughout the dewatering period at the upper and lower extent of the areas where Covered Species will be removed. Block net mesh shall be sized to ensure Covered Species upstream or downstream do not enter the areas proposed for dewatering. 4) Prior to dewatering, the best means to bypass flow through the work area shall be determined to minimize disturbance to the channel and avoid direct mortality of Covered Species and other aquatic vertebrates.

Restoration Project Site de - watering shall be coordinated with a qualified bi- ologist, who will perform Covered Species and amphibian relocation activities. The qualified

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 910 biologist(

s) must be familiar with the life history and identification of the Covered Species. 5) All materials placed in or over streams, rivers, or other waters shall be nontoxic.

Any combination of wood, plastic, cured concrete, steel pilings, or other materials used for in–channel structures shall not contain coatings or treatments or con - sist of substances toxic (e.g., copper, other met - als, pesticides, petroleum–based products, etc.) to aquatic organisms that may leach into the sur - rounding environment in amounts harmful to aquatic organisms. 6) Water containing mud or silt from construction activities shall be treated by filtration or reten - tion in a settling pond to avoid draining sedi - ment–laden water back to the stream channel.

Alternatively, an infiltration area may be creat - ed and used within the Restoration Project Site or in upland areas, if the soil composition of the area adequately supports infiltration back into the system. 7) Construction equipment such as portable equip - ment, vehicles, and supplies, including chem - icals, shall be stored at designated construction staging areas or on barges, exclusive of any ri - parian or wetland areas.

Any equipment that may leak shall be stored over impermeable surfaces, if available, and drip pans (or any other type of im- permeable containment measure) will be placed under parked machinery and checked and re - placed when necessary, to prevent drips and leaks from entering the environment. Monitoring and Reporting Measures .

The monitor- ing and reporting measures in the ITS, along with the accompanying PBO, project–specific application, and project–specific approval include, but are not limited to, the following: 1) By April 1 of the year following completion of construction of a project, the Applicant will submit a completion report (RC Arcata Office Programmatic Biological Opinion Post–Project Monitoring Form) to the NOAA RC and the Corps that includes project as–built plans de - scribing conditions immediately following com - pletion of construction on the project and pho - to documentation of pre–project conditions and the Restoration Project Site immediately af - ter the project construction.

For projects includ - ing fish relocation, the report will also include all fisheries data collected by a qualified fisher - ies biologist, including the number of listed sal - monids killed or injured during the proposed ac - tion, the number and age class of listed salmonids captured and removed, and any effects of the pro- posed action on listed salmonids not previously considered.

Although not a condition of the ITS, or the accompanying PBO, project–specific ap - plication, or project–specific approval, CDFW re- quests a copy of the post–construction report de - scribed above. 2) During effectiveness monitoring, all captured fish will be anesthetized, then weighed and measured.

NMFS expects these precautions to effectively reduce the likelihood of injury or death from han- dling activities, including tagging fish and clip - ping their fins. 3) Throughout the calendar year, NOAA RC shall track the take resulting from all projects and monitoring carried out under the Program and compare it to the take described in the ITS. Pursuant to Fish and Game Code

section 2080.1, take authorization under CESA is not required for the Restoration Project for take of the Covered Species, provided the Applicant implements the Restoration Project as described in the ITS, along with the ac - companying PBO, project–specific application, and project–specific approval, including adherence to all measures contained therein, and complies with the measures and other conditions described in the ITS, along with the accompanying PBO, project–specific application, and project–specific approval.

If there are any substantive changes to the Restoration Project, including changes to the measures, or if the Service amends or replaces the ITS, accompanying PBO, or project–specific approval, the Applicant shall be re - quired to obtain a new consistency determination or a CESA take permit for the Restoration Project from CDFW. (See generally Fish & Game Code, §§ 2080.1, 2081, subdivisions (

a) and (c)). CDFW’s determination that the ITS, along with the accompanying PBO, project–specific application, and project–specific approval, is consistent with CESA is limited to the Covered Species and the Restoration Project.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 911 the proximity of the nearest documented Covered Species, dispersal patterns of the Covered Species, and the presence of suitable habitat for the Covered Species within the Restoration Project Site, the Na - tional Marine Fisheries Service (Service) determined that the Covered Species is reasonably certain to oc - cur within the Restoration Project Site and that Resto- ration Project activities are expected to result in take of the Covered Species.

The Service anticipates that an estimated maximum of 305 juvenile Covered Spe - cies could be captured, of which nine may be killed as a result of implementing the proposed Restoration Project and conducting post–project fisheries monitor- ing. The Service also expects higher numbers of Cov- ered Species to occur within the Restoration Project site after the Restoration Project is complete. The intent of the Restoration Project is to improve the availability of off–channel rearing habitat for mi - grating fish.

Specifically, the Restoration Project will improve connectivity and habitat availability by deep- ening and widening the existing off–channel feature, which will thereby increase the duration of inundation for a greater range of flow conditions. The Service has determined that the long–term effects of the Resto - ration Project actions will be beneficial to the Covered Species and are expected to result in increased usage of the Restoration Project Site by Covered Species.

According to the Service, construction of the Res - toration Project will result in improved connectivity for 660 feet of off–channel habitat, installation of two engineered log jams and 10–15 non–engineered log jams, construction of 270 feet of willow baffles, and 1800 feet of cattle exclusion fencing. Because the Restoration Project is expected to result in take of a species designated as threatened under the federal ESA, the Northern California Office of the Na- tional Oceanic and Atmospheric Administration Res - toration Center (NOAA RC) and the U.S.

Army Corps of Engineers, San Francisco District Regulatory Divi- sion (Corps) consulted with the National Marine Fish- eries Service West Coast Region California Coastal Office (NMFS WCR CCO) to revise their restoration program (Program), as required by the ESA. On March 31, 2022, the NMFS WCR CCO issued a programmat- ic biological opinion, entitled Endangered Species Act

Section 7(a)

(2) Biological Opinion and Magnuson– Stevens Fishery Conservation and Management Act Essential Fish Habitat Response for the NOAA Res - toration Center and U.S. Army Corps of Engineers’ Restoration Program for Northern California (NMFS Consultation No: WCRO–2021–02830; “PBO”) to the NOAA RC and the Corps for eligible restoration proj- ects. The PBO describes eligible restoration projects and requires all project applicants operating under the PBO to comply with terms of the PBO and its inciden- tal take statement (ITS).

The Applicant submitted a DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONSISTENCY DETERMINATION NUMBER 2080R–2023–009–01 Project: S mith River Estuary Backwater Habitat E nhancement Project Location: D el Norte County Applicant: S mith River Alliance Background Smith River Alliance (Applicant) proposes to restore and enhance an existing backwater feature in the low- er Smith River estuary located at latitude: 41.911980, longitude: –124.188021 (Restoration Project Site).

The Smith River Estuary Backwater Habitat Enhancement Project (Restoration Project) includes enhancing ex - isting habitat to improve off–channel juvenile rearing habitat and adult holding habitat for salmonids. Spe - cific restoration actions include enlarging the existing backwater channel, installing large wood features, constructing willow baffles, planting native plants, and installing livestock exclusion fencing.

The Restoration Project activities described above are expected to take 1 Southern Oregon/Northern Cal - ifornia Coast coho salmon ( Oncorhynchus kisutch ; Covered Species) where those activities take place within the Smith River estuary. In particular, the Cov- ered Species could be taken as a result of movement out of harm’s way prior to restoration activities. Post– project fisheries monitoring utilizing seine nets and minnow traps will also result in take of Covered Species.

Capturing and handling of Covered Species during relocation activities and post–project monitor - ing can result in stress, physical injury, and mortality of individuals. Additionally, relocation into receiving waters can have density–dependent effects such as increased competition. The Covered Species is des - ignated as a threatened species pursuant to both the federal Endangered Species Act (ESA) (16 U.S.C. § 1 531 et seq.) and the California Endangered Species Act (CESA). ( Fish & Game Code, § 2 050 et seq.; Cal.

Code Regs., title 14, § 670.5, subdivision (b)(2)(D).) Covered Species individuals are documented as present within the Smith River estuary and there is suitable habitat for the Covered Species within and adjacent to the Restoration Project Site. Because of 1 Pursuant to Fish and Game Code

section 86, “ ‘Take’ means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” See also Environmental Protection In - formation Center v. California Department of Forestry and Fire Protection (2008) 44 Cal.4th 459, 507 (for purposes of incidental take permitting under Fish and Game Code

section 2081, subdivi- sion (b), “ ‘take’… means to catch, capture or kill”).

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 912 project–specific application for the Restoration Proj - ect dated April 24, 2023, to the NOAA RC, a copy of which is attached hereto and incorporated herein as Exhibit 1. The NOAA RC issued a project–specific approval to the Applicant for the Restoration Project on May 16, 2023, a copy of which is attached hereto and incorporated herein as Exhibit 2.

The NOAA RC’s project–specific approval for the Restoration Project requires the Applicant to comply with the terms of the ITS, along with the accompanying PBO, project–spe - cific application, and project–specific approval, when carrying out the Restoration Project. On June 6, 2023, the Director of the California De - partment of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a determination pursuant to Fish and Game Code

section 2080.1 that the ITS, along with the accompanying PBO, project– specific application, and project–specific approval, is consistent with CESA for purposes of the Restoration Project and the Covered Species. (Cal.

Regulatory No- tice Register 2023, Number 25–Z, page 841) Determination Upon evaluation of the Restoration Project, CDFW has determined that the ITS, along with the accompa - nying PBO, project–specific application, and project– specific approval, is consistent with CESA as to the Restoration Project and the Covered Species because the measures contained in the ITS, along with the ac - companying PBO, project–specific application, and project–specific approval meet the conditions set forth in Fish and Game Code

section 2081, subdivisions (

a) and (c), for authorizing take of CESA–listed species. Specifically, CDFW finds that: (1) take of the Cov - ered Species will be for management purposes; (2) the measures required are roughly proportional in extent to any impact on the Covered Species that is caused by the Restoration Project; (3) the measures required maintain the Permittee’s project purpose to the great - est extent possible; and (4) the Restoration Project will not jeopardize the continued existence of the Covered Species. Avoidance and Minimization Measures .

The avoid- ance and minimization measures in the ITS, along with the accompanying PBO, project–specific appli - cation, and project–specific approval, include, but are not limited to, the following: 1) The general construction season will be from June 15 to November 1. Restoration, construc - tion, Covered Species relocation, and dewater - ing activities within any wetted and/or flowing creek channel shall only occur within this period.

Extensions to this work season can be granted if there is less than a 50 percent chance of 1.5 inches of rain predicted over any 24–hour period during the granted time extension. 2) Before beginning project work, a dewatering and Covered Species capture and relocation plan will be submitted to the NOAA RC or the Corps. CDFW also requests a copy of the dewatering and capture and relocation plan. 3) Covered Species shall be excluded from the work area by blocking the stream channel above and below the work area with fine–meshed block nets or screens. Mesh openings will be no greater than 1/8 inch.

Screens must be checked twice daily, or more frequently as needed, and cleaned of debris to permit free flow of water. Block nets shall be placed and maintained throughout the dewatering period at the upper and lower extent of the areas where Covered Species will be removed. Block net mesh shall be sized to ensure Covered Species upstream or downstream do not enter the areas proposed for dewatering. 4) Prior to dewatering, the best means to bypass flow through the work area shall be determined to minimize disturbance to the channel and avoid direct mortality of Covered Species and other aquatic vertebrates.

Restoration Project Site de - watering shall be coordinated with a qualified bi- ologist, who will perform Covered Species and amphibian relocation activities. The qualified bi - ologist(

s) must be familiar with the life history and identification of the Covered Species. 5) All materials placed in or over streams, rivers, or other waters shall be nontoxic.

Any combination of wood, plastic, cured concrete, steel pilings, or other materials used for in–channel structures shall not contain coatings or treatments or con - sist of substances toxic (e.g., copper, other met - als, or pesticides, petroleum–based products, etc.) to aquatic organisms that may leach into the sur - rounding environment in amounts harmful to aquatic organisms. 6) Water containing mud or silt from construction activities shall be treated by filtration or reten - tion in a settling pond to avoid draining sedi - ment–laden water back to the stream channel.

Alternatively, an infiltration area may be creat - ed and used within the Restoration Project Site or in upland areas, if the soil composition of the area adequately supports infiltration back into the system. 7) Construction equipment such as portable equip - ment, vehicles, and supplies, including chem - icals, shall be stored at designated construction staging areas or on barges, exclusive of any ri - parian or wetland areas. Any equipment that may leak shall be stored over impermeable surfaces, if available, and drip pans (or any other type of im- permeable containment measure) will be placed

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 913 under parked machinery and checked and re - placed when necessary, to prevent drips and leaks from entering the environment. Monitoring and Reporting Measures .

The monitor- ing and reporting measures in the ITS, along with the accompanying PBO, project–specific application, and project–specific approval, include, but are not limited to, the following: 1) By April 1 of the year following completion of construction of a project, each applicant will submit a completion report (RC Arcata Office Programmatic Biological Opinion Post–Project Monitoring Form) to the NOAA RC and the Corps that includes project as–built plans describing conditions immediately following completion of construction on the project and photo documenta- tion of pre–project conditions and the Restoration Project Site immediately after the project con - struction.

For projects including fish relocation, the report will also include all fisheries data col - lected by a qualified fisheries biologist, including the number of listed salmonids killed or injured during the proposed action, the number and age class of listed salmonids captured and removed, and any effects of the proposed action on listed salmonids not previously considered.

Although not a condition of the ITS, or the accompanying PBO, project–specific application, or project– specific approval, CDFW requests a copy of the post–construction report described above. 2) During effectiveness monitoring, all captured fish will be anesthetized, then weighed and measured.

NMFS expects these precautions to effectively reduce the likelihood of injury or death from han- dling activities, including tagging fish and clip - ping their fins. 3) Throughout the calendar year, NOAA RC shall track the take resulting from all projects and monitoring carried out under the Program and compare it to the take described in the ITS. Pursuant to Fish and Game Code

section 2080.1, take authorization under CESA is not required for the Restoration Project for take of the Covered Species, provided the Applicant implements the Restoration Project as described in the ITS, along with the ac - companying PBO, project–specific application, and project–specific approval, including adherence to all measures contained therein, and complies with the measures and other conditions described in the ITS, along with the accompanying PBO, project–specific application, and project–specific approval.

If there are any substantive changes to the Restoration Project, including changes to the measures, or if the Service amends or replaces the ITS, accompanying PBO, or project–specific approval, the Applicant shall be re - quired to obtain a new consistency determination or a CESA take permit for the Restoration Project from CDFW. (See generally Fish & Game Code, §§ 2080.1, 2081, subdivisions (

a) and (c)). CDFW’s determination that the ITS, along with the accompanying PBO, project–specific application, and project–specific approval, is consistent with CESA is limited to the Covered Species and the Restoration Project. DECISION NOT TO PROCEED COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING PURSUANT TO GOVERNMENT CODE

SECTION 11347 RE: NOTICE OF PROPOSED REGULATORY ACTION CONCERNING THE AMENDMENT OF COMMISSION REGULATIONS 1202 Pursuant to Government Code

section 11347, the Commission on Peace Officer Standards and Train - ing (POST) hereby gives notice that it has decided not to proceed with the rulemaking action published in the California Regulatory Notice Register on May 5, 2023, Register 2023, Number 18–Z. The proposed rulemaking concerned the amendment of Commission Regulations 1202. (OAL Notice Z–2023–0425–01) Any interested person with questions concerning this rulemaking should contact Michelle Weiler at ei - ther (916) 227– 4870 or by e–mail at michelle.weiler@ post.ca.gov. The Commission will also post this Notice of Deci - sion Not to Proceed on its website. DEPARTMENT OF CORRECTIONS AND REHABILITATION PURSUANT TO GOVERNMENT CODE

SECTION 11347 RE: NOTICE OF PROPOSED RULEMAKING CONCERNING HEALTH CARE ADMINISTRATION Pursuant to Government Code

Section 11347, Cal - ifornia Department of Corrections and Rehabilita - tion (CDCR) hereby gives notice that it has decided not to proceed with the rulemaking action published in the California Regulatory Notice Register on July

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 914 15, 2022, Register 2022, Number 28–Z. The proposed rulemaking concerned Health Care Administration. (OAL Notice Z2022–0705–02.) Any interested person with questions concerning this rulemaking should contact Robin Hart at either (916) 896–6780 or by e–mail at: Robin.Hart@cdcr. ca.gov CDCR will also post this Notice of Decision Not to Proceed on its website.

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH THE SECRETARY OF STATE This

Summary of Regulatory Actions lists regula - tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request.

Department of Transportation File # 2023–0622–01 State Route 710 Sales Program This emergency action by the Department of Trans- portation amends the regulations governing the sales process for properties covered by the State Route 710 Sales Program in the City of Pasadena and updates general sales requirements applicable to the State Route 710 Sales Program.

Title 21 Amend: 1477.2, 1483, 1483.1, 1485, 1485.1, 1486, 1487 Filed 07/03/2023 Effective 07/03/2023 Agency Contact: Carolyn Dabney (916) 716–7808 Education Audit Appeals Panel File # 2023–0623–04 Audits of K–12 Local Education Agencies — Fiscal Year 2023–24 This emergency rulemaking action adopts the “Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting” for the 2023–2024 fiscal year. Title 05 Amend: 19810 Filed 07/03/2023 Effective 07/03/2023 Agency Contact: Timothy E.

Morgan (916) 445–7745 Department of Public Health File # 2023–0620–03 Limited Podiatric Radiography Permit This action by the California Department of Public Health (“CDPH”) adopts, repeals, and amends regula- tions relating to the requirements and process for both an individual to obtain a limited podiatric radiogra - phy permit and for an applicant to obtain approval as a limited podiatric radiography educational program (“LPREP(s)”).

Title 17 Adopt: 30426, 30427, 30427.2, 30427.4 Amend: 30400, 30403, 30405, 30408, 30409, 30411, 30418, 30419, 30435, 30436, 30437, 30442, 30443, 30444, 30447 Repeal: 30427 Filed 06/29/2023 Effective 07/01/2023 Agency Contact: David Martin (916) 440–7673 Board for Professional Engineers, Land Surveyors and Geologists File # 2023–0517–02 ASBOG Exam Fees, Abandoned Applications This action by the Board for Professional Engineers, Land Surveyors and Geologists updates regulations relating to National Association of State Boards of Geology (ASBOG) examination, abandoned applica - tions, postponements, Title 16 Adopt: 3024.5 Amend: 3005, 3024, 3031 Repeal: 3026 Filed 06/29/2023 Effective 06/29/2023 Agency Contact: Angela Yu (916) 999–3610 Department of Food and Agriculture File # 2023–0522–01 Sweet Orange Scab Interior Quarantine This action establishes quarantine areas for regu - lating the movement of hosts and possible carriers of sweet orange scab (SOS).

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 28-Z 915 Title 03 Adopt: 3443 Filed 07/05/2023 Effective 10/01/2023 Agency Contact: Keith Okasaki (916) 654–0312 Department of Pesticide Regulation File # 2023–0518–01 Certification and Training In this regular rulemaking, the Department of Pesticide Regulation is adopting, amending, and re - pealing regulations pertaining to the (1) certification of commercial and private pesticide applicators, (2) development and submittal of continuing educa - tion courses required for pesticide applicator license or certificate renewal, and (3) supervision of non– certified applicators. Title 03 Adopt: 6404, 6509, 6512