Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 51–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW DECEMBER 22, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2023–1212–05 ....................................... 1661 AMENDMENT MULTI–COUNTY: North Coast Railroad Authority STATE AGENCY: Department of Financial Protection and Innovation ADOPTION MULTI–COUNTY: Eastern Sierra Council of Governments Pajarao Valley Health Care District Hospital Corporation Real Journey Academies, Inc. TITLE 2.

STATE TREASURER’S OFFICE Conflict–of–Interest Code — Notice File Number Z2023–1206–01 ........................................ 1662 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Tisdale Weir Rehabilitation and Fish Passage Project, 2080–2023–021–02, Sutter County ................................................................. 1663 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Agricultural Road Crossing 4 and Upper Swanston Ranch Fish Passage Improvement Project, 2080R–2023–022–02, Yolo County .............................. 1663 DEPARTMENT OF FISH AND WILDLIFE Implementation of the San Joaquin River Restoration Program and Accompanying Hatchery and Genetic Management Plan, Butte, Napa, Yolo, and Fresno Counties ....................................... 1664 (Continued on next page)

A V AILABILITY OF PRECEDENTIAL DECISIONS INDEX BOARD OF PHARMACY Annual Notice of Availability of Precedential Decisions Index ........................................... 1670

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 1671 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 51–Z 1661 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: North Coast Railroad Authority STATE AGENCY: Department of Financial Protection and Innovation ADOPTION MULTI–COUNTY: Eastern Sierra Council of Governments Pajaro Valley Health Care District Hospital Corporation Real Journey Academies, Inc.

A written comment period has been established commencing on December 22, 2023 and closing on February 5, 2024. Written comments should be direct- ed to the Fair Political Practices Commission, Atten - tion Daniel Vo, 1102 Q Street, Suite 3000, Sacramen- to, California 95811.

At the end of the 45–day comment period, the pro - posed conflict–of–interest codes will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho - rized representative requests, no later than 15 days pri- or to the close of the written comment period, a public hearing before the full Commission. If a public hear - ing is requested, the proposed codes will be submitted to the Commission for review.

The Executive Director of the Commission will review the above–referenced conflict–of–interest codes, proposed pursuant to Government Code Sec - tion 87300, which designate, pursuant to Government Code

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

Any written comments must be received no later than February 5, 2024. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

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

REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest codes should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 51–Z 1662 3000, Sacramento, California 95811, telephone (916) 323–9103. AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 323–9103. TITLE 2.

STATE TREASURER’S OFFICE [UPDATED] NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE OF THE CALIFORNIA STATE TREASURER’S OFFICE NOTICE IS HEREBY GIVEN that the California State Treasurer’s Office, pursuant to the authority vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established commencing on December 22, 2023, and closing on February 5, 2024. All inquiries should be directed to the contact listed below. The California State Treasurer’s Office proposes to amend its conflict–of–interest code to include employ- ee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include: Deletion of a multi–member body chaired by the State Treasurer California Industrial Development Financing Advi - sory Commission is deleted because the Commission has been abolished by operation of statute.

Deletion of designated positions Information Technology Specialist I, Information Technology Division, Data & Government Transpar - ency, is deleted under the Office of the State Treasurer because the position no longer exists within the Office of the State Treasurer. Commission Members is deleted under the Califor - nia Industrial Development Financing Advisory Com- mission because the Commission has been abolished by operation of statute. Executive Director is deleted under the California Industrial Development Financing Advisory Commis- sion because the Commission has been abolished by operation of statute.

Treasury Program Manager (all levels) is deleted under the California Educational Facilities Authority because the classification no longer exists within the Authority. Addition of a multi–member body chaired by the State Treasurer California HOPE, Opportunity, Perseverance, and Empowerment for Children Trust Account Program Board is established because the Commission has been established by operation of statute. CalAccount Blue Ribbon Commission, under the Office of the State Treasurer, is added because the Commission has been created by statute.

Addition of designated positions Board Members is added under the California HOPE, Opportunity, Perseverance, and Empower - ment for Children Trust Account Program Board be - cause the Board has been established by operation of statute. Executive Director is added under the California HOPE, Opportunity, Perseverance, and Empower - ment for Children Trust Account Program Board be - cause the Board has been established by operation of statute.

Staff Services Manager (all levels) is added under the California HOPE, Opportunity, Perseverance, and Empowerment for Children Trust Account Program Board because the Board has been established by op - eration of statute. Staff Services Manager I (Specialist), Pension and Benefits, under the Office of the State Treasurer is added because the position is a designee of the State Treasurer on various State bodies. Commission Members, CalAccount Blue Ribbon Commission, under the Office of the State Treasurer is added because the Commission has been created by statute.

Executive Director, CalAccount Blue Ribbon Com- mission, under the Office of the State Treasurer is add- ed because the position has been created by operation of statute. The proposed amendment also makes other techni - cal changes. The proposed amendment and explanation of the reasons can be obtained from the agency’s contact. WRITTEN COMMENT PERIOD Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than February 1, 2024, or at the con- clusion of the public hearing, if requested, whichever

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 51–Z 1663 comes later. At this time, no public hearing is sched - uled. A person may request a hearing no later than January 17, 2024. ALTERNATIVES CONSIDERED The California State Treasurer’s Office has deter - mined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Divi- sion 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses.

AGENCY CONTACT All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: California State Treasurer’s Office Attention: Spencer Walker, General Counsel 901 P Street, Suite 411–B Sacramento, CA 94209 (916) 653–2995 spencer.walker@treasurer.ca.gov GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR TISDALE WEIR REHABILITATION AND FISH PASSAGE PROJECT 2080–2023–021–02 SUTTER COUNTY The California Department of Fish and Wildlife (CDFW) received a notice on December 6, 2023, that the Department of Water Resources (DWR) propos - es to rely on a consultation between federal agencies to carry out a project that may adversely affect a spe - cies protected by the California Endangered Species Act (CESA).

The proposed project involves will con - struct needed structural repairs to Tisdale Weir and will modify the weir to add new fish passage facilities to allow passage from behind the weir to the Sacra - mento River to decrease the incidence of stranding. Proposed activities will include, but are not limited to, dewatering and cofferdam construction, including pile driving. The proposed project will occur along the left bank of the Sacramento River at the Tisdale Bypass about 10 miles southeast of the town of Meridian in Sutter County.

The National Marine Fisheries Service (NMFS) issued a federal biological opinion (BO) (Ref. Num - ber WCR–2023–0509) in a memorandum to the U.S. Army Corps of Engineers on November 1, 2023, which considered the effects of the proposed project on state and federally endangered Sacramento River winter– run Chinook salmon (Oncorhynchus tshawytscha) and state and federally threatened Central Valley spring– run Chinook salmon (O. tshawytscha). Pursuant to California Fish and Game Code

section 2080.1, DWR is requesting a determination that the Incidental Take Statement (ITS) and its associated BO are consistent with CESA for purposes of the proposed project. If CDFW determines the ITS and associated BO are consistent with CESA for the proposed project, DWR will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdi- vision (

b) for the proposed project. DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR AGRICULTURAL ROAD CROSSING 4 AND UPPER SWANSTON RANCH FISH PASSAGE IMPROVEMENT PROJECT 2080R–2023–022–02 YOLO COUNTY The California Department of Fish and Wildlife (CDFW) received a notice on December 8, 2023, that the California Department of Water Resources (DWR) proposes to rely on a consultation between feder - al agencies to carry out a project that may adversely affect a species protected by the California Endan - gered Species Act (CESA).

The proposed project in - volves replacing the current fish passage impediment, an earthen fill low–water road crossing, with a two– span bridge that provides unimpeded fish movement through the Tule Canal. Proposed activities will in - clude, but are not limited to, site excavation, grading,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 51–Z 1664 pile driving, and the installation of both prefabricated bridge sections and cast–in–place concrete pile caps and decking. The proposed project is located in the northern portion of the Yolo Bypass, near the Sacra - mento Bypass and between the towns of Davis and West Sacramento in Yolo County, California. The project area includes the Tule Canal north of Interstate 80 and Agricultural Road 4 which is approximately 13 miles south of Fremont Weir. The National Marine Fisheries Service issued a federal programmatic biological opinion (PBO) (Ref.

Number WCR–2017–8532) in a memorandum to the National Oceanic and Atmospheric Administration Restoration Center (NOAA RC), the U.S. Army Corps of Engineers, and the U.S. Fish and Wildlife Service on August 31, 2018, which considered the effects of the eligible restoration projects on multiple federally listed species.

On October 11, 2022, NOAA RC de - termined that the Agricultural Road Crossing 4 and Upper Swanston Ranch Fish Passage Improvement fit within the scope of the PBO for the state and federal - ly endangered Sacramento River winter–run Chinook salmon ( Oncorhynchus tshawytscha ) and state and federally threatened Central Valley spring–run Chi - nook salmon (O. tshawytscha). Pursuant to California Fish and Game Code

section 2080.1, DWR is requesting a determination that the Incidental Take Statement (ITS) and its associated BO are consistent with CESA for purposes of the proposed project. If CDFW determines the ITS and associated BO are consistent with CESA for the proposed project, DWR will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdi- vision (

b) for the proposed project. DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT FISH AND GAME CODE

SECTION 2080.3 CONCURRENCE NUMBER 2080–2023–020–04 Project: Implementation of the San Joaquin River Restoration Program and Accompanying Hatchery and Genetic Management Plan Location: Butte, Napa, Yolo, and Fresno Counties Applicant: U.S. Fish and Wildlife Service Background On September 12, 2018, the National Marine Fish - eries Service (NMFS) issued Scientific Research and Enhancement Permit 20571 (Permit) to the United States Fish and Wildlife Service (USFWS), pursuant to

section 10, subdivision (a)(1)(

A) of the federal En - dangered Species Act (ESA). The Permit authorizes USFWS to take ESA–listed Central Valley spring– run Chinook salmon ( Oncorhynchus tshawytscha ) (spring–run Chinook salmon) from the Feather Riv - er Fish Hatchery (FRFH), Butte Creek, and the San Joaquin River for scientific research and enhance - ment activities associated with the San Joaquin Riv - er Restoration Program (SJRRP). The purpose of the hatchery program is to produce spring–run Chinook salmon for reintroduction in order to restore a self– sustaining population in the San Joaquin River below Friant Dam.

The Permit authorizes collection of wild and hatchery eggs, juveniles, and adults for brood - stock development and maintenance, releases of ju - venile hatchery–origin spring–run Chinook salmon, and in–stream research, monitoring, and evaluation activities. Spring–run Chinook salmon is designated as a threatened species pursuant to the California En - dangered Species Act (CESA) (Fish & Game Code, § 2050 et seq.). (See Cal.

Code Regs., title 14, § 670.5, subdivision (b)(2)(C).) On November 26, 2018, the California Department of Fish and Wildlife (CDFW) issued a determination (2080–2018–014–04) pursuant to Fish and Game Code

section 2080.3 that the Permit would further the conservation of spring–run Chinook salmon. The Permit is effective for approximately five years and will expire December 31, 2023. On February 14, 2023, USFWS applied with the NMFS to renew the Permit in accordance with sec - tion 10, subdivision (a)(1)(

A) of the ESA, for reintro - duction of spring–run Chinook salmon to the San Joaquin River, from the Merced River confluence to Friant Dam. Currently, NMFS is reviewing the renew- al of the Permit (20571–2R), and USFWS anticipates that the processing time for the permit renewal will extend beyond the expiration date (i.e., December 31, 2023) identified in the Permit.

CDFW received notifi- cation from USFWS on November 30, 2023, notifying CDFW that NMFS issued an extension for the Permit to USFWS on November 2, 2023, to be effective from January 1, 2024, to the date that NMFS approves or denies USFWS’ request for a new permit. The Permit that is the subject of this determination, as well as the Permit’s associated Biological Opinion (BO), arise from the SJRRP. The SJRRP executes a legal settlement from the lawsuit, NRDC et at. v. Kirk Rodgers et at.

In 1988, a coalition of environmental groups led by the Natural Resources Defense Coun - cil (NRDC) filed a lawsuit challenging the renewal of long–term water services contracts between the United States Department of Interior and the Central Valley Project Friant Division contractors. After more than 18 years of litigation, the Settling Parties reached a Stipulation Agreement (Settlement). The Settling Parties, including NRDC, Friant Water Users Author-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 51–Z 1665 ity (now known as the Friant Water Authority), and the United States Departments of Interior and Commerce, agreed on the terms and conditions of the Settlement, which establishes two primary goals: ● Restoration Goal — To restore and maintain fish populations in “good condition” in the mainstem San Joaquin River below Friant Dam to the con - fluence with the Merced River, including natural- ly reproducing and self–sustaining populations of salmon and other fish. ● Water Management Goal — To reduce or avoid adverse water supply impacts to all of the Friant Division long–term contractors that may result from the Interim Flows and Restoration Flows provided in the Settlement.

Through a 2006 memorandum of understanding between CDFW and other state agencies and the Set - tling Parties, CDFW stated its intention to assist the Settling Parties in implementation of the Settlement consistent with CDFW’s authorities, resources, and broader regional resource strategies. Subsequently, President Obama signed the San Joaquin River Resto- ration Act on March 30, 2009, giving the Department of Interior full authority to implement the SJRRP.

The implementing agencies, consisting of the Department of Interior, Bureau of Reclamation (Reclamation) and USFWS, NMFS, CDFW, and California Department of Water Resources (DWR) organized a Program Management Team and associated work groups to be- gin the Settlement implementation. The Settlement requires the reintroduction of spring–run Chinook salmon into the San Joaquin Riv- er.

To implement the Settlement, the SJRRP’s Hatch- ery and Genetics Management Plan (HGMP) (2016) proposes using a Conservation Facility (Interim Fa - cility and future Salmon Conservation and Research Facility [SCARF]) and genetic management and conservation hatchery techniques to develop a self– sustaining population of spring–run Chinook salmon for the SJRRP. The Interim Facility, located in Friant, California, in Fresno County, and the SCARF, will rely on artificial propagation using broodstock to at - tain sufficient numbers of spring–run Chinook salmon for reintroduction.

Because the SJRRP is expected to result in take of a species designated as threatened under the federal ESA, USFWS consulted with NMFS as required by

Section 7 of ESA. The timeline of relevant regulatory activities to date is as follows: ● October 11, 2012 — NMFS issued Enhancement of Survival Permit 14868 to USFWS, authoriz - ing take of spring–run Chinook eggs or juveniles from FRFH to establish broodstock methodolo - gies and begin studies associated with holding practices. ● December 18, 2013 — CDFW issued a concur - rence (CDFW file Number 2080–2012–017–014) pursuant to Fish and Game Code

section 2080.3 that Permit 14868 would further the conservation of spring–run Chinook salmon. ● December 31, 2013 — NMFS issued final regula- tions designating an experimental population of spring–run Chinook salmon under

Section 1539, subdivision (

j) of Title 16 of the United States Code and established take provisions for mem - bers of that population. ● March 18, 2014 — CDFW issued a determina - tion (CDFW file Number 2080–2014–005–04) that the management restrictions, protective mea- sures, prohibitions, and exceptions to prohibi - tions contained in the federal regulations meet the requirements in Fish and Game Code

section 2080.4. ● March 21, 2014 — NMFS issued Enhancement of Survival Permit 17781 to USFWS, authorizing take of spring–run Chinook salmon for collec - tion, rearing, and release. ● April 1, 2014 — CDFW issued a concurrence (CDFW file Number 2080–2014–006–04) pursu- ant to Fish and Game Code

section 2080.3 that Permit 14868 would further the conservation of spring–run Chinook salmon. ● September 12, 2018 — NMFS issued Scientif - ic Research and Enhancement Permit 20571 au - thorizing take of threatened spring–run Chinook salmon and threatened California Central Val - ley (CCV) steelhead ( O. mykiss) associated with hatchery propagation, research, and enhancement activities. ● November 26, 2018 — CDFW issued a determi - nation (CDFW file Number 2080–2018–014–04) pursuant to Fish and Game Code

section 2080.3 that Permit 20571 would further the conservation of spring–run Chinook Salmon. ● February 14, 2023 — USFWS applied to NMFS to renew Permit 20571 in accordance with sec - tion 10(a)1(

A) of the Endangered Species Act (16 U.S.C. 1531 et seq.) for Reintroduction of Spring– run Chinook Salmon to the San Joaquin River, from the Merced River confluence to Friant Dam. ● November 2, 2023 — NMFS issued an exten - sion for Permit 20571 to USFWS, to be effective from January 1, 2024, until the date that NMFS approves or denies USFWS’ request for a new permit. On November 30, 2023, the Director of CDFW re - ceived a letter from USFWS notifying CDFW pur - suant to Fish and Game Code

section 2080.3 that it had received an extension to the Permit authorizing

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 51–Z 1666 the taking of spring–run Chinook salmon in order to establish or maintain an experimental population in the San Joaquin River. USFWS’ notification requested that CDFW: (1) make a determination that the Permit will further the conservation of the species; and (2) publish the notification as required by Fish and Game Code

section 2080.3, subdivision (a)(2). Project

Summary The activities described in the Permit will inciden - tally take 1 spring–run Chinook salmon. Spring–run Chinook salmon will be intentionally taken at the FRFH, Butte Creek, and the San Joaquin River. The Permit authorizes take to include one or more of the following: harassment, capture, handling, collection, transport, holding, lethal spawning, biological sam - pling, tagging, and live release of marked spring–run Chinook salmon in excess of broodstock needs, un - marked spring–run Chinook salmon, and natural– origin steelhead, if encountered.

The Permit autho - rizes take associated with hatchery propagation, re - search, and enhancement activities at the San Joaquin Conservation Hatchery Facilities, which include the SCARF near Friant Dam on the San Joaquin River, the Interim Facility, and a small Satellite Incubation and Rearing Facility (SIRF; referred to collectively as the Conservation Facilities), as cited in USFWS’ Per - mit application.

Two types of direct take will occur under the Per - mit: (1) take of spring–run Chinook salmon associated with broodstock collection, maintenance of fish held as captive broodstock, and juvenile rearing and re - lease, and (2) take of spring–run Chinook salmon and CCV steelhead associated with research, monitoring, and evaluation (RM&

E) activities. SJRRP proposes to collect up to 5,470 eggs or ju - veniles from all sources, including 70 for pathology studies from each collection event. The total number of eggs or juveniles collected annually and the collec- tion source will be constrained by the Interim Facili - ty or SCARF capacity and donor stream conditions. If conditions are suitable, the SJRRP would prefer to collect equally from all three donor sources, with col - lection ratios dependent on acceptable take from each donor source.

Broodstock Collection: Broodstock collections, as with all hatchery activities, will occur pursuant to the associated HGMP (CDFW 2016) and include poten - tial collections from Butte Creek (juvenile life stage), 1 Pursuant to Fish and Game Code

section 86, “ ‘Ta ke’ 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”). FRFH (juvenile and/or egg life stage), and/or the San Joaquin River (adult, juvenile, and/or egg life stage). Annual broodstock collections that were initial - ly focused on spring–run Chinook salmon from the FRFH will expand to include collections from wild stocks in Butte Creek and the San Joaquin River be - ginning in 2018.

The total number of broodstock col - lected from each source population over the course of the reintroduction will depend on the viability of those stocks and the effects of removal on the associat- ed population risk factors. Depending on escapement numbers, returning adults and any adult spring–run Chinook salmon that enter the Restoration Area (de - fined as the San Joaquin River from Friant Dam near the town of Friant, California, to the confluence of the Merced River) from other rivers may also be avail - able for use as broodstock beginning in 2018.

Genetic analysis of these returns will inform fish crosses and reintroduction strategies. Broodstock collection from returns generally should not exceed 10 percent of the estimated in–river escapement unless river conditions preclude successful spawning. All broodstock used for spawning will be genotyped for parentage–base tagging and to prepare breeding matrices to maximize genetic diversity. Feather River Fish Hatchery: If the FRFH is the only available donor source, the SJRRP will collect via hatchery operations a maximum of 5,470 individ - uals from the FRFH including collections for pathol - ogy.

Actual collection numbers will depend on avail - ability of fish from FRFH and other sources. Spring– run Chinook salmon broodstock collection protocols will follow methods described in the FRFH HGMP (Cavallo et al. 2012). Butte Creek: The SJRRP proposes to collect via ro- tary screw trap (RST) a maximum of 2,910 juveniles annually from Butte Creek including collections for pathology (2,700 for broodstock, and 70 for pathology for up to 3 collection periods).

The actual number col- lected will depend on the number of adult returns to Butte Creek who survive to spawn and the number of individuals collected from other broodstock sources. The SJRRP will collect juveniles from existing sam - pling occurring on Butte Creek to minimize addition- al handling and incidental mortality, control cost, and simplify logistics.

San Joaquin River: When spring–run Chinook salmon adults return to the Restoration Area, the SJRRP proposes to collect via redd extraction, emer - gence trap, RST, fykes or weirs, seine, and/or dip nets a maximum of 2,980 juveniles or eggs, including col - lections for pathology from the San Joaquin River. If adults are collected for broodstock spawning, the SJRRP proposes to collect a maximum of ten percent of returning adults, up to 250 individuals annually. The SJRRP may collect individuals at three different

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 51–Z 1667 life stages: eggs, juveniles, or adults. Each life stage has advantages and disadvantages for collection. The number collected in any given year will be determined by the number of adult returns to the Restoration Area and the number of individuals collected from other source stocks. Broodstock Releases: The SJRRP may release hatchery–produced fish and ancillary broodstock at various life stages based on production targets, hatch - ery capacity, river conditions, and program needs.

The vast majority of releases from the rearing facilities will be the progeny of SJRRP broodstock. Broodstock will also be released to the river for research and rein- troduction purposes. All spring–run Chinook salmon released by the SJRRP will be adipose fin clipped and tagged with a coded wire tag (CWT). The SJRRP will transport juveniles and eggs col - lected from donor stocks to an approved quarantine facility and, after clearing a fish health assessment, transfer the juveniles and eggs to the Conservation Fa- cilities. Fish will be reared under controlled hatchery conditions to sufficient age for spawning.

Depending on the Conservation Facilities’ capacities and pro - duction needs, the SJRRP may release a portion of the broodstock to the San Joaquin River as ancillary broodstock. After fish reach maturity at the Conser - vation Facilities, they will be spawned and their prog- eny reared at the facility from the egg stage to be re - leased to the San Joaquin River at the juvenile stage. Once the juvenile spring–run Chinook salmon reach an appropriate size, they will be marked (adipose fin clipped), tagged (CWT), and released directly to the river.

Pre–release health assessment requirements, as defined by CDFW pathologists, will be followed for juveniles. The SJRRP will euthanize up to 20 fish per tank or rearing system, but not more than a total of 100 fish, for fish health inspection. Additionally, up to 10 percent of juveniles may be held back and later re - leased as yearlings. The SJRRP will either release fish from the SCARF directly to the San Joaquin River using a volitional re- lease channel or transport the fish to a release site us - ing a standard fish transport tank.

Fish will be released directly from the hatchery when there is adequate flow in the river side–channel and connectivity with the lower San Joaquin River outside the Restoration Area. However, additional release locations may be neces - sary based on the condition of the river. To minimize straying, juveniles will be released as far upstream as feasible based on river connectivity and expected sur- vival out of the Restoration Area. Juveniles will be re- leased into the San Joaquin River intermittently from October through April.

However, most releases will take place between January and April depending on river conditions and fish size. Adult releases into the San Joaquin River will take place intermittently from February through October. The number of juveniles produced and released from the Conservation Facilities will increase over time as the facility reaches maximum production. However, actual production will vary year to year based on broodstock survival, fecundity, and other factors. Target releases are approximately 200,000 ju- veniles in 2018 and are authorized to reach maximum production of up to 1,250,000 juveniles.

To appropri - ately manage the broodstock population, and in re - sponse to river conditions, releases may include up to 5,000 ancillary broodstock annually. Population mon- itoring and evaluation may include adult monitoring by video, acoustic tracking, visual surveys, and redd and spawning surveys. Adult escapement will be used as a measure for evaluating SJRRP success. Juvenile monitoring will consist of various outmigrant traps and fry emergence monitoring. To evaluate juvenile survival and abundance, RSTs will be used through - out the Restoration Area.

Once established, RST site locations will remain fixed each year unless changes in river conditions warrant moving them or if new RST sites are necessary for long–term study purposes. Indirect mortality of spring–run Chinook salmon may also occur. Indirect mortality may occur at all life stages from egg to adult. Indirect mortality may occur during permitted activities including collection (FRFH and Butte Creek), releases, and research, mon- itoring, and evaluation studies.

The Permit requires implementation of measures to minimize indirect mortality and harm to ESA–listed fish during the gen- eral handling, broodstock collection and mating, ju - venile rearing and release, fish culture, and research, monitoring, and evaluation. Determination CDFW has determined that the Permit will further the conservation of the species. Specifically, as autho- rized by Fish and Game Code 2080.3, CDFW finds that: (1) take of spring–run Chinook salmon is for the purpose of establishing or maintaining an experimen - tal population in the San Joaquin River pursuant to

Section 1539, subdivision (

j) of Title 16 of the United States Code and the San Joaquin River Restoration Settlement Act; and (2) the measures identified in the 10(a)(1)(

A) permit, as well as the accompanying BO and the HGMP, include methods and procedures which are necessary to bring spring–run Chinook salmon to the point at which the protections of CESA are no longer necessary. The measures included in this determination pursu - ant to Fish and Game Code

section 2080.3 are those in the 10(a)(1)(

A) Permit. Those Permit conditions in- clude, but are not limited to, the following:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 51–Z 1668 Avoidance, Minimization, and Mitigation Measures 1) USFWS will apply measures to minimize harm to ESA–listed fish. These measures include but are not limited to: limits on the duration (hour - ly, daily, weekly) of trapping; limits on holding time before release; and allowance for free pas - sage through trapping sites when those sites are not actively operated. 2) USFWS will anesthetize each ESA–listed fish that is handled for the purpose of collecting bi - ological samples.

Anesthetized fish must be al - lowed to recover (e.g., in a recovery tank) before being released. Fish that are assessed without handling must remain in water but do not need to be anesthetized. 3) USFWS and its agent are responsible for main - taining the biological samples collected from ESA–listed species as long as they are useful for research purposes. USFWS may not transfer bio- logical samples to anyone not listed in the appli - cation without obtaining prior written approval from NMFS. 4) During sampling and processing, USFWS must keep ESA–listed fish in water to the maximum extent possible.

Adequate circulation and replen- ishment of water in holding units is required. When using methods that capture a mix of spe - cies, USFWS must process ESA–listed fish first. USFWS must conduct the transfer of ESA–listed fish using equipment that adequately holds water during transfer. 5) USFWS must not handle ESA–listed fish when water temperature exceeds 22°C (71.6°

F) at the capture site. Trap operation shall cease until ei - ther temperature drops below the threshold or pending further consultation with NMFS to de - termine if continued trap operation poses sub - stantial risk to ESA–listed species. Under these conditions, USFWS may only identify and count ESA–listed fish. 6) USFWS must use visual observation protocols instead of intrusive sampling methods whenev - er possible.

This is especially appropriate when merely ascertaining the presence of anadromous fish. 7) USFWS should complete a segregation protocol one year after issuance of the Permit and prior to volitional adult passage in the system, that iden - tifies how, to the greatest extent possible, to pre - vent introgression between fall–run and spring– run Chinook. If there is an opportunity for fall–run Chinook salmon to superimpose spring– run Chinook salmon redds, USFWS should take measures to protect spring–run Chinook salm - on redds and monitor and analyze introgression rates.

An acceptable segregation protocol identi - fies how, to the greatest extent possible, to pre - vent introgression between fall–run and spring– run Chinook and measure introgression rates. 8) If third–party research is to be conducted on ESA–listed fish in collaboration with USFWS, the third party should follow the guidelines set for re- search collaboration.

Those guidelines should be provided to the third party by USFWS. 9) The spring–run Chinook salmon broodstock col - lection target shall be limited to a maximum of 5,400 individuals annually from all potential sources (2,700 is the minimum needed to meet production targets). Sixty fish from each collec - tion event will be sacrificed for pathology screen- ing at the time of collection and another 10 from each collection event will be sacrificed for pathol- ogy screening near the end of the quarantine pe - riod.

Therefore, a maximum of 5,470 spring–run Chinook salmon eggs or juveniles will be collect- ed for broodstock across all collections, includ - ing 70 for pathology studies from each collection event. 10) USFWS should make efforts to minimize the number of hatchery–origin spring–run Chinook salmon that are used as broodstock, to the extent possible, based on the estimated adult escape - ment and the presence of adequate spawning and rearing conditions in the natural origin brood - stock collection locations (i.e., the San Joaquin River and Butte Creek). 11) Each year the USFWS will submit a Donor Stock Collection Plan (DSCP) to NMFS.

The DSCP will be prepared through a multi–agency techni - cal team to describe the collection plan for each year. USFWS will submit the annual DSCP to NMFS and CDFW for review and will be devel - oped prior to any collections from the FRFH, San Joaquin River, or Butte Creek. It will include all the expected collection actions and associated monitoring for the year. The criteria below will evaluate FRFH, San Joaquin River, and Butte Creek donor stock collections each year and the number of individuals targeted by life stage: a. Interim Facility or SCARF status and capac- ity available to rear broodstock; b.

Resources available to collect donor stock; c. Genetics; d. Availability of donor stock. NMFS and CDFW will review the DSCP to en - sure that any adverse effects of broodstock collec- tion will not be substantial in the context of the overall population of each spring–run Chinook salmon donor stock.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 51–Z 1669 12) USFWS shall ensure that 100 percent of the spring–run Chinook salmon released from the Conservation Facilities (and any fish subject to direct translocation) are marked (adipose fin– clipped) and tagged (using CWTs), providing a life–long indicator of origin. Alternative marking and tagging strategies approved by NMFS may be used if determined necessary. 13) Release of spring–run Chinook salmon will only occur within the nonessential experimental pop - ulation area in the San Joaquin River as defined in 50 CFR 223.301, subdivision (b).

USFWS will release spring–run Chinook salmon juveniles ei - ther volitionally or downstream of major passage barriers that prevent volitional migration and in the best conditions available. 14) USFWS shall develop a Pre–Release Report an - nually. The report will include information on the proposed number of spring–run Chinook salm - on to be released, the release location, the tenta - tive date(

s) of release, and CWT data.

Each year’s Pre–Release plan must be approved by NMFS, prior to its implementation. 15) USFWS will adaptively manage hatchery release strategies to improve homing fidelity of adult re - turns to the release site, minimize precocity rates of hatchery–origin fish, and minimize ecologi - cal interactions between hatchery– and natural– origin juveniles as described in the HGMP. 16) USFWS shall ensure that transport and quaran - tine of individuals will occur according to the protocols detailed the Permit application, and the associated HGMP. 17) In the event of an emergency, such as flooding, water loss to raceways, epizootic outbreak, or vandalism that necessitates early release of ESA– listed spring–run Chinook salmon to prevent catastrophic mortality, USFWS shall report any such release within 48 hours to NMFS. 18) NMFS recognizes the need for management flex- ibility.

Therefore, changes in fish culture proto - cols consistent with best management practices, conforming to the intent of the hatchery program and having no substantial effects on the surviv - al of any ESA–listed species beyond what is au - thorized in the Permit, may be implemented by USFWS and CDFW. 19) USFWS must submit to NMFS for approval, in writing, changes in any aspect of hatchery pro - gram implementation and operations, including broodstock collection protocols or numbers, ju - venile release numbers, and marking, that could potentially result in increased amount of take, or alter the manner or effect of take of ESA–listed species covered in this permit. 20) Technical adjustments to the hatchery program, as described in the Permit, may be made, pro - vided that such adjustments are consistent with the standards of

section 10, subdivision (a)(1)(

A) of the ESA, NMFS regulations governing ESA– listed species permits (50 CFR Parts 222–226), and the standards set forth in the Permit. Such program adjustments do not require modification of the Permit provided that they do not result in a level of direct or incidental take or impacts to the species in excess of that otherwise allowed by the Permit and by the incidental take statement (ITS). USFWS must submit requests for such program adjustments in writing to NMFS. NMFS will consult with CDFW and USFWS to review the request and determine whether the adjustment is warranted.

If NMFS and CDFW determine that the amount or extent of take or impacts to the spe- cies would not be exceeded as a result of the pro- posed adjustment, USFWS will be notified that the adjustment is approved.

Each year, USFWS will ensure that any approved adjustments are de- scribed within the Permit Annual Report on the Applications and Permits for Protected Species (APPS) website. 21) Annually, the Conservation Facilities will seek to achieve 85 percent survival from egg to hatch - ing to match that experienced at FRFH in recent years, and 75 percent or better survival from egg to smolt stages over the duration of the program.

The Conservation Facilities will aim to achieve greater than 49 percent survival from smolt to adulthood (as described in the associated HGMP). 22) Should NMFS determine that a sampling proce - dure provided for under the Permit is no longer acceptable, USFWS shall immediately cease the use of such a procedure until an acceptable re - placement has been prescribed by NMFS. 23) Efforts should be made to prevent the spread of aquatic invasive species (AIS) such as New Zea - land mudsnail (Potamopygrus antipodarum), quagga mussel (Dreissena rostriformis bugensis) and zebra mussel (Dreissena polymopha).

Guide- lines presented in the California Department of Fish And Wildlife Aquatic Invasive Species De - contamination Protocol ( https://nrm.dfg.ca.gov/ FileHandler.ashx?DocumentID=43333) should be followed when working in aquatic habitats to pre- vent the spread of AIS. 24) USFWS is responsible for the actions of any in - dividual operating under the authority of the Per- mit. Such actions include operation of adult traps and weirs for broodstock collection and captur - ing, handling, holding, transporting, releasing,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 51–Z 1670 maintaining, and caring for any ESA–listed spe - cies authorized by the Permit.

Monitoring and Reporting Measures 1) Any activities or methodologies associated with RM&E including, but not limited to: PIT tagging, smolt trapping, spawning ground surveys, and redd surveys must be done according to the gen - eral guidelines for handling listed fish detailed above and within the direct take limits defined in Tables 1–6 of the Permit and the ITS. 2) USFWS must conduct surveys annually to de - termine the timing, abundance, and distribution of hatchery–origin spring–run Chinook salmon originating from the Conservation Facilities that emigrate from (juveniles) and spawn in (adults) the San Joaquin River. 3) If the authorized level of take is exceeded, USFWS must notify NMFS as soon as possi - ble, but no later than two days after the autho - rized level of take is exceeded.

USFWS must then submit a written report to NMFS describing the circumstances of the unauthorized take within two weeks of take exceedance. Pending review of these circumstances, NMFS may suspend or amend the Permit. Though it is not a condition of the Permit, CDFW requests to be notified and to receive a copy of the written report described in the condition above. 4) USFWS will submit annual reports to NMFS on the APPS site by January 31. Although not a con- dition of the Permit, CDFW requests USFWS to provide annual reports to CDFW as well. The annual report shall contain the following information: a.

A detailed description of all adult ESA– listed salmon collection activities conducted under Permit 20571, including the number and composition of ESA listed fish captured and sampled for tissues, their sex/size/condi- tion, the date of collection and disposition; b. The numbers, dates, average size at release, and tag/mark information of fish released into the San Joaquin River; c. Estimated survival rates of all life stages; d. Precocial maturation rate and disease occurrence; e. Any additional monitoring and evaluation activities occurring at the hatchery; f.

Any problems that may have arisen during hatchery activities; g. A statement as to whether or not the activ - ities had any unforeseen effects on ESA– listed fish. Pursuant to Fish and Game Code

section 2080.3, take authorization under CESA is not required for the hatchery program activities as described in the Permit for taking of spring–run Chinook salmon in order to establish or maintain an experimental population in the San Joaquin River, as identified in, and in accor - dance with the federal Permit and associated BO and HGMP. The timing and extent of take authorization under this concurrence is limited to the terms in the federal Permit and expires upon the expiration date the federal Permit.

If there are any substantive chang - es to the hatchery program, including changes to the measures or conditions, or if the NMFS amends or re- places the Permit, BO, or associated HGMP, USFWS shall be required to obtain a new concurrence or a CESA permit for the hatchery program from CDFW. (See generally Fish & Game Code, § 2080.3.) A V AILABILITY OF PRECEDENTIAL DECISIONS INDEX BOARD OF PHARMACY ANNUAL NOTICE OF AVAILABILITY OF PRECEDENTIAL DECISIONS INDEX NOTICE IS HEREBY GIVEN that the California State Board of Pharmacy (Board), pursuant to

section 11425.60 of the Government Code, the Board main - tains an index of precedential decisions, which is an - nually made available by the Board to the public by email subscription. To join the Board’s email list, go to www.pharmacy.ca.gov. The index and the text of the precedent decisions are continuously available on the Board’s website at http://www.pharmacy.ca.gov/ enforcement/precedential.shtml. For additional information, contact: Lori Martinez California State Board of Pharmacy 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Telephone: (916) 518–3100 Fax: (916) 574–8618 Email: PharmacyRulemaking@dca.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 51–Z 1671

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 Food and Agriculture File # 2023–1108–02 Japanese Beetle Eradication Area In this rulemaking action, the Department of Food and Agriculture makes final its emergency rulemak - ing which added Marin County to the list of counties included in the Japanese Beetle Eradication Area.

Title 03 Amend: 3589 Filed 12/07/2023 Effective 12/07/2023 Agency Contact: Rachel Avila (916) 698–2947 California Conservation Corps File # 2023–1121–03 Conflict–of–Interest Code This is a Conflict–of–Interest code that has been ap- proved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing.

Title 02 Amend: 43000 Filed 12/13/2023 Effective 01/12/2024 Agency Contact: Tabatha Chavez (916) 341–3137 California Earthquake Authority File # 2023–1128–01 Conflict–of Interest Code This is a Conflict–of–Interest code that has been approved by the Fair Political Commission and is be - ing submitted for filing with Secretary of State and printing.

Title 02 Amend: 56800 Filed 12/12/2023 Effective 12/12/2023 Agency Contact: Shannon McEuen (916) 813–0852 Department of Justice File # 2023–1026–01 Department of Cannabis Control, Commercial Cannabis Licensee Bond This action by Department of Justice repeals com - mercial cannabis licensee surety bond forms for the Bureau of Cannabis Control, Department of Food and Agriculture, and Department of Public Health and adopts a new commercial cannabis licensee surety bond form for the Department of Cannabis Control.

Title 11 Adopt: 118.1 Repeal: 26.20, 80.4, 118.1 Filed 12/07/2023 Effective 12/07/2023 Agency Contact: Charles Tsai (213) 269–6444 Agricultural Labor Relations Board File # 2023–1024–04 Cannabis: Labor Peace Agreements This rulemaking action by the Agricultural Labor Relations Board (Board) establishes complaint, inves- tigation, and decision–making criteria and procedures to implement Business and Professions Code

section 26051.5(a)(5)(D), which requires commercial cannabis cultivation licensees with a stated minimum number of employees to enter into labor peace agreements and tasks the Board with investigating complaints alleg - ing that a licensee has an agreement with a non–bona fide labor organization. This action is a resubmittal of OAL action number 2023–0802–02S.

Title 08 Adopt: 20951, 20952, 20953, 20954, 20955 Filed 12/07/2023 Effective 04/01/2024 Agency Contact: Santiago Avila–Gomez (916) 894–6840 Department of Justice File # 2023–1024–05 Check Casher Permit Program In this regular rulemaking, the Department of Justice is adopting, amending, and repealing regula - tions pertaining to the issuance and renewal of a per -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 51–Z 1672 mit to conduct a check cashing business pursuant to Civil Code

section 1789.37.

Title 11 Amend: 990, 990.1, 990.2, 991, 991.1, 991.2, 991.3, 991.4, 991.5, 992, 992.1, 992.2, 992.3, 992.4, 992.5, 992.6, 992.7, 992.8, 993, 993.1, 993.2, 993.3, 993.4 Repeal: 993.5, 993.6, 993.7 Filed 12/06/2023 Effective 01/01/2024 Agency Contact: Marlon Martinez (213) 269–6437 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter.

For additional information on actions taken by OAL, please visit oal.ca.gov.