California Regulatory Notice Register — Register 2022, No. 12-Z (MARCH 25, 2022)

Cal. Reg. Notice Reg. 2022, No. 12

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 12-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MARCH 25, 2022 PROPOSED ACTION ON REGULATIONS TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Senate Bill 2 Implementation: Commission Regulation 1953 — Notice File Number Z2022–0314–03 ............. 319 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Senate Bill 2: Amendments to Regulations 1003, 1004, and 1012 — Notice File Number 2022–0314–04 ........... 321 TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Senate Bill 2 Implementation: Amend Commission Regulations 1007, 1010, and 1011 Adopt Commission Regulation 1202 — Notice File Number Z2022–0314–06 ................................ 323 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Senate Bill 2 Implementation: Adopt Commission Regulations 1203, 1204, 1206, 1207, 1208, 1209, and 1210 — Notice File Number Z2022–0315–08 ............................................ 325 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Updates to

Definitions — Senate Bill 2 Implementation: Amend Commission Regulation 1001 Adopt Commission Regulation 1201 — Notice File Number Z2022–0315–09 ................................. 328 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Peace Officer Standards Accountability Advisory Board and Commission Regulation Senate Bill 2 Implementation: Adopt Commission Regulations 1211, 1212, and 1214 — Notice File Number Z2022–0315–10 ................................................................ 330 TITLE 14.

BOARD OF FORESTRY AND FIRE PROTECTION Class II–L Determination Amendments, 2022 — Notice File Number Z2022–0315–11 ......................... 332 TITLE 14. FISH AND GAME COMMISSION Klamath River Basin Sport Fishing — Notice File Number Z2022–0315–13 ................................. 338 (Continued on next page)

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 http://www.oal.ca.gov . TITLE 14. FISH AND GAME COMMISSION Central Valley Sport Fishing — Notice File Number Z2022–0315–14 ...................................... 342 TITLE 14.

FISH AND GAME COMMISSION Pink (Ocean) Shrimp Fishery Management Plan — Notice File Number Z2022–0315–16 ....................... 345 TITLE 20. ENERGY COMMISSION Air Filters — Notice File Number Z2022–0314–02 ..................................................... 347 TITLE 22. DEPARTMENT OF HEALTH CARE ACCESS AND INFORMATION Patient Data Reporting Requirements — Notice File Number Z2022–0315–07 ............................... 353 TITLE 22.

EMPLOYMENT DEVELOPMENT DEPARTMENT Family Temporary Disability Insurance — Qualifying Exigency — Notice File Number Z2022–0224–01 ........... 356 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination No. 2080–2022–003–01, Horse Creek Bridge Replacement Project, Siskiyou County ................................................................................. 360 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2022–089–001–R1, Cedar Creek Hatchery Dam Removal Project, Mendocino County ............................................................................... 364 SUSPENSION OF ACTION REGARDING UNDERGROUND REGULATIONS STATE COUNCIL ON DEVELOPMENTAL DISABILITIES Council Authorized Representative Policy ............................................................ 364

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 365

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 319 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING SENATE BILL 2 IMPLEMENTATION COMMISSION REGULATION 1953 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described below in the Informative Digest. A public hearing is not sched- uled. Pursuant to Government Code

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) 227–4547, by email to Michelle Weiler at michelle.weiler@post.ca.gov, or by letter to: Commission on POST Attention: Rulemaking 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 (author - ity of POST), PC

Section 13506 (POST authority to adopt regulations), and PC

Section 13510 (Senate Bill 2). This proposal is intended to interpret, implement, and make specific PC

SB 2 also grants POST the authority to certify all peace officers in California, and subsequently take action against those certifications, should POST be made aware of and determine at the conclusion of an investigation that there were egregious acts of misconduct on the part of the accused peace officer(s). While the peace offi - cer eligibility hiring requirements went into effect on January 1, 2022, the remaining changes to Penal and Government Codes will go into effect on January 1, 2023. This rulemaking action clarifies and makes specific these new requirements of Government Code

Section 1029 regarding peace officer hiring selection updates. After thorough review of SB 2, POST determined there needs to be updates to Commission Regulation 1953. Currently, Commission Regulation 1953 does not include the hiring selection requirements listed in Government Code

Section 1029, as stipulated by SB 2. The new additions to Government Code

Section 1029 require POST to include additional hiring selec - tion requirements when considering the eligibility of new peace officer applicants. The regulations proposed in this rulemaking ac - tion will update language in Commission Regulation 1953 to include the additional background require - ments when considering new peace officer applicants, add numbering to provide clarity, renumber to accom- modate new regulatory requirements, and correct ex - isting grammatical errors.

It is necessary to avoid a waste of public resources to ensure, prior to employ - ment, that selection requirements are met rather than have a candidate commence employment and subse - quently determine that the candidate does not meet these requirements, which would require initiating a dismissal process.

Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will add clarity to the require - ments for hiring selection inquiries when evaluating a candidate for peace officer selection, which will in - crease the efficiency of the state of California in de - livering services to stakeholders. Thus, the law en - forcement 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 320 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 There are no forms incorporated by reference in this proposed action. DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies and 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 Government Code Sections 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 persons 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 - 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 Overview, the benefits of the regulation will increase the efficiency of the state of California in delivering services 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 Government Code

Section 11346.5, subdivision (a)(13), POST must determine that no reasonable alternative 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 proposed, or would be as ef - fective as and less burdensome to affected private per- sons than the proposed action, or would be more cost– effective to affected private persons and equally effec- tive in implementing the statutory policy or other pro- vision of law than the proposed action.

CONTACT PERSONS Questions regarding this proposed regulatory ac - tion may be directed to Michelle Weiler, Commission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630, at (916) 227–4870. General questions regarding the regulatory process may be directed to Katie Strickland at (916) 227–2802.

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 Sacramento, CA 95605–1630. These documents are also located 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 Commission may adopt the proposal substantially as set forth without further notice, or the Commission may modify the proposal if such modifications re - main sufficiently related to the text as described in the Informative Digest. If the Commission makes chang - es to the language before the date of adoption, the

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 321 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 availabil - ity of such changes. A request for the modified text should be addressed to the agency official designat - ed 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 avail - able 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. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING SENATE BILL 2 IMPLEMENTATION COMMISSION REGULATIONS 1003, 1004, AND 1012 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described below in the Informative Digest. A public hearing is not sched- uled. Pursuant to Government Code

Section 13503 (authority of POST), PC

Section 13506 (POST authority to adopt regulations) and PC

Section 13510 (Senate Bill 2). This proposal is intended to interpret, implement, and make specific PC

Section 13510, which authorizes POST to establish a certification program for peace officers in the state of California. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW On September 1, 2021, Governor Newsom signed Senate Bill (SB) 2, which made significant changes to existing Government and Penal Codes, respectively. These changes provide for additional peace officer hir- ing eligibility requirements and 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.

Section 13510, per SB 2. After a thorough review of SB 2, POST de - termined there needs to be updates to several existing Commission Regulations, including 1003, 1004, and 1012. Currently, Commission Regulation 1003 allows for 30 days for notice of appointment or termina - tion. However, amendments to Penal Code

Section 13510 require these notifications to be made within 10 days of appointment or separation. For Commission Regulations 1004 and 1012, there are currently no requirements for possession of a Proof of Eligibility (POE). Amendments to Penal Code

Section 13510 re- quire peace officers who do not currently possess, or will not be eligible to possess, a Basic Certificate to obtain a POE. The regulations proposed in this rulemaking action will update language in: ● Commission Regulation 1003 to reflect the new processes of making notifications to POST of new peace officer appointments, separations, re - instatements, and disqualifications. ● Commission Regulation 1004 to reflect the up - dates to the eligibility requirements for partici - pating in the Field Training Program to address the requirements that all peace officers must be in possession of a valid POE or Basic Certificate, per Penal Code

Section 13510.1.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 322 ● Commission Regulation 1012 to reflect the up - dates to the conditions of employment as a peace officer, per Penal Code

Section 13510.1. Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulations will add clarity and align the regulations with the new requirements of Penal Code

Section 13510, per SB 2, which 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 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 the processes and procedures for law enforcement agencies in the state. FORMS INCORPORATED BY REFERENCE The following forms are incorporated by reference: Attestation of Peace Officer Eligibility, POST 2–356 (03/2022) Affidavit of Separation, POST 2–357 (03/2022) DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None.

Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Overview, the benefits of the regulation 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 peace, protection of public health, safety, and welfare in California. There would be no impact that would af- fect worker safety or the State’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5, subdivision (a)(13), POST must determine that no reasonable alternative 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 proposed, or would be as effec- tive as and less burdensome to affected private persons than the proposed action, or would be more cost–ef - fective to affected private persons and equally effec - tive in implementing the statutory policy or other pro- vision of law than the proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 323 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 Sacramento, CA 95605–1630. These documents are also lo - cated on the POST Website at https://post.ca.gov/ Regulatory–Actions.

If the Commission makes chang - es 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 availabil - ity of such changes. A request for the modified text should be addressed to the agency official designat - ed 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.

s) named above. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING SENATE BILL 2 IMPLEMENTATION AMEND COMMISSION REGULATIONS 1007, 1010, AND 1011 ADOPT COMMISSION REGULATION 1202 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described below in the Informative Digest. A public hearing is not sched- uled. Pursuant to Government Code

Section 13503 (author - ity of POST), PC

Section 13506 (POST authority to adopt regulations), and PC

Section 13510 (Senate Bill 2). This proposal is intended to interpret, implement, and make specific PC

Section 13510, which authoriz - es POST to establish a certification program for peace officers in the state of California. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW On September 1, 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 and 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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 324 changes to Government and Penal Codes will go into effect on January 1, 2023. This rulemaking action clarifies and makes specific these new peace officer certification requirements of Penal Code

Section 13510, pursuant to SB 2. Currently, Commission Regulation 1007 does not require reserve peace officers to possess a valid Proof of Eligibility (POE). Commission Regulation 1010 does not currently address the requirement that peace officers must be in possession of a valid POE or Basic Certificate for an agency to be eligible to participate in the POST program. Commission Regulation 1011 does not address POEs or the Commission’s abili - ty to decertify peace officers.

Finally, Commission Regulation 1202 does not exist, therefore, it is being proposed as a new regulation to address the certifica - tion of peace officers. The regulations proposed in this rulemaking action will update language in: ● Commission Regulation 1007 to include updates to the requirements for appointment as a reserve peace officer, per Penal Code

Section 13510.1. ● Commission Regulation 1010 to include updates to the requirements for participation in the POST program, per Penal Code

Section 13510.1. ● Commission Regulation 1011 to rename it as Professional Certificates for Public Safety Dispatchers and Records Supervisors a n d r e- move language related to peace officer certifi - cates as it will be relocated to a new regulation. The proposed Commission Regulation 1202 in this rulemaking action will create regulatory language strictly for peace officer certification. This new reg - ulation will be adopted under a new article,

Article 4. Peace Officer Certification. Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will add clarity to the certif - icate eligibility requirements for peace officers, pub - lic safety dispatchers, and records supervisors, which 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 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 There are no forms incorporated by reference in this proposed action.

DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies and 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 Government Code Sections 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 persons 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 - 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 Overview, the benefits of the regulation will increase

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 325 the efficiency of the state of California in delivering services to stakeholders by providing clarity to the certificate eligibility requirements for peace officers, public safety dispatchers and records supervisors. Thus, the law enforcement standards are maintained and effective 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 Government Code

Section 11346.5, subdivision (a)(13), POST must determine that no reasonable alternative 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 proposed, or would be as effec- tive as and less burdensome to affected private persons than the proposed action, or would be more cost–ef - fective to affected private persons and equally effec - tive in implementing the statutory policy or other pro- vision of law than the proposed action.

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 Sacramento, CA 95605–1630. These documents are also lo - cated on the POST Website at https://post.ca.gov/ Regulatory–Actions.

s) named above. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING SENATE BILL 2 IMPLEMENTATION ADOPT COMMISSION REGULATIONS 1203, 1204, 1206, 1207, 1208, 1209, AND 1210 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described below in the Informative Digest. A public hearing is not sched- uled. Pursuant to Government Code

Section 11346.8, any interested person, or his/her duly authorized rep - resentative, 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 May 9, 2022. 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) 227–4547, by email to Michelle Weiler at michelle.weiler@post.ca.gov, or by letter to: Commission on POST Attention: Rulemaking 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 326 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)

Section 13503 (author - ity of POST), PC

Section 13506 (POST authority to adopt regulations), and PC

Section 13510 (Senate Bill 2). This proposal is intended to interpret, implement, and make specific PC

Section 13510, which authoriz - es POST to establish a certification program for peace officers in the state of California. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW On September 1, 2021, Governor Newsom signed Senate Bill (SB) 2, which made significant changes to existing Government and Penal Codes, respectively. These changes provide for additional peace officer hir- ing eligibility requirements and 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 will go into effect on January 1, 2023. This rulemaking action clarifies and makes specif - ic these new peace officer certification requirements of Code of Civil Procedure Sections 415.10–415.40, Government Code 1029, Penal Code Sections 832.7, 13510, and 13512, pursuant to SB 2. Currently, Commission Regulations 1203, 1204, 1206, 1207, 1208, 1209, and 1210 do not exist.

Therefore, they are being proposed as new regulations to adopt peace officer certification procedures.

The regulations proposed in this rulemaking action will create the following language in: ● Commission Regulation 1203 to include proce - dures for disqualifications for employment as a peace officer. ● Commission Regulation 1204 to include proce - dures for identifying inaccurately approved peace officer appointments. ● Commission Regulation 1206 to include pro - cedures for the Peace Officer Standards Accountability Division to review investigations of alleged peace officer misconduct. ● Commission Regulation 1207 to include proce - dures for agencies to report allegations of serious misconduct. ● Commission Regulation 1208 to include proce - dures for the Executive Director’s authority to temporarily suspend a peace officer’s certification. ● Commission Regulation 1209 to include proce - dures for process regarding notification of a com- pleted investigation, an officer’s rights to request a review hearing, and conducting hearings. ● Commission Regulation 1210 to include proce - dures for voluntary surrender of a peace officer’s certification.

These new regulations will be adopted under a new article,

Article 4. Peace Officer Certification.

Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulations will add procedures for: ● disqualifications for employment as a peace officer, ● identifying inaccurately approved peace officer appointments, ● the Peace Officer Standards Accountability Division to review investigations of alleged peace officer misconduct, ● agencies to report allegations of serious misconduct, ● the Executive Director’s authority to temporarily suspend a peace officer’s certification, ● process for the notification of a completed inves- tigation, an officer’s rights to request a review hearing, and conducting hearings, and ● voluntary surrender.

These benefits will increase the efficiency of the state of California in delivering services to stakehold - ers. Thus, the law enforcement standards are main - tained 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 The following forms are incorporated by reference in this proposed action: ● Voluntary Surrender of Peace Officer Certification, POST 2–358 (03/2022) ● Request to Review of Peace Officer Certification, POST 2–359 (03/2022)

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 327 DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies and 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 Government Code Sections 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.

Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Overview, the benefits of the regulation will increase the efficiency of the state of California in delivering services to stakeholders by providing clarity to the certificate eligibility requirements for peace officers, public safety dispatchers and records supervisors. Thus, the law enforcement standards are maintained and effective 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 Government Code

Section 11346.5, subdivision (a)(13), POST must determine that no reasonable alternative 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 proposed, or would be as effec- tive as and less burdensome to affected private persons than the proposed action, or would be more cost–ef - fective to affected private persons and equally effec - tive in implementing the statutory policy or other pro- vision of law than the proposed action.

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 Sacramento, CA 95605–1630. These documents are also lo - cated on the POST Website at https://post.ca.gov/ Regulatory–Actions.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 328 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 avail - able for public inspection by contacting the person(

s) named above. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING SENATE BILL 2 IMPLEMENTATION AMEND COMMISSION REGULATION 1001 ADOPT COMMISSION REGULATION 1201 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described below in the Informative Digest. A public hearing is not sched- uled. Pursuant to Government Code

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) 227–4547, by email to Michelle Weiler at micheile.weiler@post.ca.gov, or by letter to: Commission on POST Attention: Rulemaking 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 (author - ity of POST), PC

Section 13506 (POST authority to adopt regulations), and PC

Section 13510 (Senate Bill 2). This proposal is intended to interpret, imple - ment, and make specific PC

Section 13510, which authorizes POST to establish a certification program for peace officers in the state of California. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW On September 1, 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 and 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.

Section 13510, pursuant to SB 2. Currently, Commission Regulation 1001 does not address

definitions related to peace officer certifica - tion, pursuant to SB 2. Commission Regulation 1201 does not exist; therefore, it is being proposed as a new regulation to address all

definitions related to the cer - tification of peace officers. The regulations proposed in this rulemaking action will update language in: ● Commission Regulation 1001 to remove terms related to peace officer certificates as it will be relocated to Commission Regulation 1201, un - der new

Article 4. Peace Officer Certification. Additionally, the terms will be renumbered due to the removal of several terms. The proposed Commission Regulation 1201 in this rulemaking action will create regulatory language strictly for peace officer certification. This new reg - ulation will be adopted under a new article,

Article 1General and

Article 4 — Peace Officer Certification , respective - ly, which will increase the efficiency for 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 329 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 There are no forms incorporated by reference in this proposed action.

Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Overview, the benefits of the regulation will increase the efficiency of the state of California in delivering services to stakeholders by providing clarity to the certificate eligibility requirements for peace officers, public safety dispatchers and records supervisors. Thus, the law enforcement standards are maintained and effective 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 Government Code

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 Sacramento, CA 95605–1630. These documents are also lo - cated on the POST Website at https://post.ca.gov/ Regulatory–Actions.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 330 ADOPTION OF PROPOSED REGULATIONS/ AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Commission may adopt the proposal substantially as set forth without further notice, or the Commission may modify the proposal if such modifications re - main sufficiently related to the text as described in the Informative Digest.

s) named above. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING SENATE BILL 2 IMPLEMENTATION ADOPT COMMISSION REGULATIONS 1211, 1212, AND 1214 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described below in the Informative Digest. A public hearing is not sched- uled. Pursuant to Government Code

Section 13503 (author - ity of POST), PC

Section 13506 (POST authority to adopt regulations), and PC

Section 13510 (Senate Bill 2). This proposal is intended to interpret, implement, and make specific PC

Section 13510, which authoriz - es POST to establish a certification program for peace officers in the state of California. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW On September 1, 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 and 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 will go into effect on January 1, 2023. This rulemaking action clarifies and makes spe - cific the role and responsibilities of the Peace Officer Standards Accountability Advisory Board and Commission in relation to the new peace officer certi- fication requirements of Penal Code Sections 13509.5, 13509.6, and 13510.

Currently, Commission Regulations 1211, 1212, and 1214 do not exist; therefore, POST is propos - ing to adopt these regulations to address the Peace Officer Standards Accountability Advisory Board and Commission’s roles and responsibilities regarding cer- tification, and requirements for annual reporting. The proposed Commission Regulation 1211 text in this rulemaking action will create regulatory language strictly for the roles and responsibilities of the Peace Officer Standards Accountability Advisory Board. This new regulation will be adopted under a new arti - cle,

Article 4. Peace Officer Certification.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 331 The proposed Commission Regulation 1212 text in this rulemaking action will create regulatory lan - guage strictly for the roles and responsibilities of the Commission in relation to peace officer certification. This new regulation will be adopted under a new arti - cle,

Article 4. Peace Officer Certification. The proposed Commission Regulation 1214 text in this rulemaking action will create regulatory language strictly to identify the activities of the Commission, board, division, and subject agencies regarding peace officer certification pursuant to Penal Code

Section 13512 in an annual report, published publicly by POST. This new regulation will be adopted under a new arti - cle,

Article 4. Peace Officer Certification. Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed regulatory adoptions will establish the roles and responsibilities of the board and Commission, which will increase ef - ficiency for the state of California in delivering ser - vices to stakeholders. Thus, the law enforcement stan- dards are maintained and effective in preserving the 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 There are no forms incorporated by reference in this proposed action.

Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Overview, the benefits of the regulation will increase the efficiency of the state of California in delivering services to stakeholders by providing clarity to the certificate eligibility requirements for peace officers, public safety dispatchers and records supervisors. Thus, the law enforcement standards are maintained and effective 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 Government Code

Section 11346.5, subdivision (a)(13), POST must determine that no reasonable alternative 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 proposed, or would be as effec- tive as and less burdensome to affected private persons than the proposed action, or would be more cost–ef - fective to affected private persons and equally effec - tive in implementing the statutory policy or other pro- vision of law than the proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 332 CONTACT PERSONS Questions regarding this proposed regulatory ac - tion may be directed to Michelle Weiler, Commission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630, at (916) 227–4870. General questions regarding the regulatory process may be directed to Katie Strickland at (916) 227–2802.

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 Sacramento, CA 95605–1630. These documents are also lo - cated on the POST Website at https://post.ca.gov/ Regulatory–Actions.

s) named above. TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION “CLASS II–L DETERMINATION AMENDMENTS, 2022” DIVISION 1.5,

CHAPTER 4, SUBCHAPTERS 4, 5, AND 6 NATURE OF PROCEEDING Notice is hereby given that the California State Board of Forestry and Fire Protection (Board) is pro - posing to take the action described in the Informative Digest. PUBLIC HEARING The Board will hold a public hearing on June 8, 2022, at its regularly scheduled meeting commenc - ing at 9:00 a.m., at the Auditorium on the first floor, Room 1–302, of the Natural Resources Building, 715 P Street, Sacramento, CA. At the hearing, any per - son may present statements or arguments, orally or in writing, relevant to the proposed action.

The Board re- quests, but does not require, that persons who make oral comments at the hearing also submit a written

summary of their statements. Additionally, pursuant to Government Code (GOV) § 11125.1(b), writings that are public records pursuant to GOV § 11125.1(

a) and that are distributed to members of the state body prior to or during a meeting, pertaining to any item to be considered during the meeting, shall be made avail- able for public inspection at the meeting if prepared by the state body or a member of the state body, or after the meeting if prepared by some other person. Attendees may also participate via GoToWebinar online meeting platform or telephone conferencing. To participate via GoToWebinar online meeting platform please email PublicComments@bof.ca.gov by 4:30 p.m. on June 6, 2022, to request a link to the meeting.

A link to the meeting will also be posted under the “Webinar Information” heading on the front page of the Board website, no later than 8:00 a.m. the morning of the hearing. WRITTEN COMMENT PERIOD Any person, or authorized representative, may sub - mit written comments relevant to the proposed regula-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 333 tory action to the Board. The written comment period ends at the conclusion of the public hearing on June 8, 2022. The Board will consider only written comments re - ceived at the Board office by that time and those writ- ten comments received at the public hearing, includ - ing written comments submitted in connection with oral testimony at the public hearing. The Board re - quests, but does not require, that persons who submit written comments to the Board reference the title of the rulemaking proposal in their comments to facili - tate review.

Written comments shall be submitted to the follow- ing address: Board of Forestry and Fire Protection Attn: Eric Hedge Regulations Program Manager P.O.

Box 944246 Sacramento, CA 94244–2460 Written comments can also be hand delivered to the contact person listed in this notice at the following address: Board of Forestry and Fire Protection 715 P Street Sacramento, CA 95814 Written comments may also be sent to the Board via facsimile at the following phone number: (916) 653–0989 Written comments may also be delivered via e–mail at the following address: PublicComments@BOF.ca.gov AUTHORITY AND REFERENCE (pursuant to GOV § 11346.5(a)(2) and 1 CCR § 14) Authority cited: Sections 4551, 4551.5, 4552, and 4553, Public Resources Code.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (pursuant to GOV § 11346.5(a)(3)(A)–(D)) Pursuant to the Z’berg–Nejedly Forest Practice Act of 1973, Public Resources Code (PRC) § 4511, et seq. (FPA) the State Board of Forestry and Fire Protection (Board) is authorized to construct a system of forest practice regulations applicable to timber management on state and private timberlands.

PRC § 4551 requires the Board to “…adopt district forest practice rules… to ensure the continuous grow- ing and harvesting of commercial forest tree species and to protect the soil, air, fish, wildlife, and water re- sources…” of the state and PRC § 4553 requires the Board to continuously review the rules in consultation with other interests and make appropriate revisions. In September 2009, the Board adopted new regu - lations for “Anadromous Salmonid Protection Rules, 2009” (ASP Rules).

The purpose of the ASP Rules, which replaced the existing “Threatened and Impaired Rules” is to protect and restore habitat conditions for coho salmon and other anadromous salmonids in California river systems, increase fish population abundance and so improve the conservation status of threatened salmonid species. Class II–Large Determination Regulations Among other elements of the new Rules was a new watercourse classification and protection system for Class II–Large watercourses (Class II–L).

As a result of the Board’s 2009 rule adoption, watercourses clas - sified as Class II–L receive distinct protection mea - sures than those applied to Class II–standard (Class II–

S) watercourses through wider protection zones and additional operational restrictions. The Class II–L distinction was created in acknowledgement that Class II–L watercourses can have greater individual effects on receiving Class I watercourse temperature, sediment, nutrient, and large wood loading than Class II standard (Class II–

S) watercourses and that the pro- tection, restoration, and enhancement of those values and functions is key to the protection and restoration of the beneficial functions of the riparian zone in wa - tersheds with listed anadromous salmonids (14 CCR §§ 916.9, 936.9, 956.9). The practical effect of the Class II–L protections is that commercial timber manage - ment in proximity to Class II–L watercourses is sig - nificantly limited or completely excluded.

Included within the 2009 rules package were no less than six regulatory methods provided for determin - ing the status of a Class–II watercourse ( i.e., Large or Standard). During the initial implementation phase of the Board’s adopted regulations, members of the pub- lic expressed concern and raised issues of clarity re - garding the Department’s

interpretation and enforce - ment of the Class II–L identification and minimum protection distance provisions. Specifically, it was contended that the Department’s

interpretation of the Class II–L regulations did not conform to the plain– English reading of the Rules. In 2013, the Board adopted amendments, en - titled “CLASS II–L IDENTIFICATION AND PROTECTION AMENDMENTS, 2013” to 14 CCR §§ 916.9, 936.9, and 956.9 to both clarify the methods used to make determinations of Class II watercourse types and to ensure that Class II–L protection mea - sures were achieving the desired results of restoration. The revised regulations provided two methods for de- termining Class II watercourse classification, which are, generally: the measurement of a contributing

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 334 drainage area of a certain size draining to a Class I watercourse, and an average active channel width of five feet or greater near the confluence of a Class I watercourse 1.

The drainage area minimums developed in this rulemaking were “…estimates based upon two Board staff field visits and standards employed by tim- ber companies operating under federal aquatic habitat conservation plans.” 2 The channel width determina - tion method regulations were “…developed through discussions between private sector and state agency hydrologists, biologists, and foresters.

In addition, a Board Member, Board staff, and a number of private company and public agency representatives conducted two, one–day field visits to watercourses located in the Coast and Northern Forest Districts, respectively.” 3 During development of these regulations, the Board identified “… some question as to whether or not the proposal as written would be an improvement over the existing Class II–L regulations.” 4 In order to address these questions, these revised determination methods included a five–year evaluation period punctuated by sunset (January 1, 2019) of the regulations.

To aid in determining efficacy, the amendments also included a requirement that the Department report to the Board at least annually on the use and effectiveness of the Class II–L protection measures. In 2018, the Board ex- tended this sunset period to January 1, 2023, to allow for additional time to determine efficacy, and repealed the annual reporting requirement by the Department in acknowledgement of the efforts of the Effectiveness Monitoring Committee.

Effectiveness Monitoring Committee In 2013 the Effectiveness Monitoring Committee (EMC) was established following the legislative ap - proval of Assembly Bill 1492 (chapter 289, 2012).

AB 1492, among other items, established the need for evaluation of and reporting on the “ecological performance” of the state Forest Practice Rules, and the EMC was established with the intent of provid - ing the Board of Forestry and Fire Protection and the Natural Resource Agencies with a science based com- mittee whose charter was developed to better under - stand if specific requirements of the California Forest Practice Rules and other laws and regulations related to forest resources are effective in achieving resource objectives.

Since approval of AB 1492, the EMC has been pro- moting scientific research, facilitating monitoring 1 14 CCR §§ 916.9(g)(1)(A), 936.9(g)(1)(A), 956.9(g)(1)(A). 2 Board of Forestry and Fire Protection Rulemaking File 336, page 209. 3 Board of Forestry and Fire Protection Rulemaking File 336, page 210. 4 Board of Forestry and Fire Protection Rulemaking File 336, page 211. practices, and recommending monitoring practices aimed at evaluating how well current practices restore, enhance, and maintain aquatic and terrestrial habitat on private and state forest land.

Since its creation, the EMC has received proposals, and recommended Board funding, for several studies designed to yield results which may aid in determining the efficacy of Class II–L protection measures. One of these studies, project EMC–2015–001, received initial funding in 2018 and was intended to aid in the evaluation of the efficacy of the Class II–L determination and protec - tion measures, as required by 14 CCR 916.9(g)(1)(C), 936.9(g)(1)(C), and 956.9(g)(1)(C). EMC–2015–001 The proposal EMC–2015–001 was intended to: a.

Investigate the variability of the relationship be - tween drainage area, active channel width, and perennial flow extent across the Anadromous Salmonid Protection (ASP) area; b. Compare the relationships derived in (

a) to the rule criteria for Class II–L identification in terms of both drainage area and average active channel width; determine if these criteria are effective in identifying perennial Class II–L watercourses in different lithologies, or if rule modifications are needed; and c. Conduct a pilot study to investigate the down - stream propagation of water temperature from Class II–L systems in sites with contrasting lithology.

These goals were addressed through a two–part ap - proach which included a broad scale study on flow permanence and network connectivity 5, and a focused field–based analysis of the thermal influence of Class II–L on Class I systems 6. These studies and analyses were completed and presented to the Board in 2021. In general, the pro - posal identified that drainage area was a much better predictor of certain watercourse values promoted by the Board’s Class II–Large designation than average active channel width.

Additionally, the proposal re - vealed that average active channel width was, in fact, a poor predictor of certain watercourse values promot- ed by the Class II–L designation. Specifically, findings from the broad scale study on flow permanence and network connectivity indicate that the drainage area criteria in 14 CCR § 9 16.9(g)(1)(a)(1), 936.9(g)(1)(a)(1), and 956.9(g)(1)(a)(1) is a better pre- dictor of perennial and/or connected flow than the width criteria.

Those findings also indicate that that the width cri - teria in 14 CCR § 9 16.9 [936.9, 956.9] (g)(1)(a)(2) does 5 Pate et al., 2020 6 Wissler et al., 2022

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 335 not adequately predict watercourses that are perenni - al and/or connected versus ones that are dry and/or disconnected. Furthermore, findings from the broad scale study generally validated the regulatory drainage area val - ues for determination of Class II–L watercourses. The geometric mean of drainage area for perennial water - courses in the Coast Forest District was 103 acres, as compared to the drainage area criteria of greater than or equal to 100 acres.

The geometric mean of drain - age area for perennial watercourses in the Northern Forest District was 150 acres, as compared to drain - age area criteria of greater than or equal to 150 acres. Similarly, the geometric means of connected water - courses were very similar to the drainage area criteria across both Forest Practice Districts. Altogether, this suggests that the drainage area criteria do a reason - able job of predicting desirable characteristics of Class II–L watercourses (flow permanence and watercourse connectivity).

Finally, larger drainage areas will have a higher likelihood of transporting sediment, nutrients, and large woody debris due to the increase in transport ca- pacity and are therefore more suitable in achieving the goals of this section, identified in 14 CCR §§ 916.9(a), 936.9(a), and 956.9(a), than watercourses which merely satisfy the current active channel width requirements. The problem is that the current regulatory methods for determining Class II–L watercourse status will ex- pire on January 23, 2023, resulting in significant is - sues of clarity and consistency within the Rules.

This expiration date was put in place to allow further eval - uation of the efficacy of Class II Watercourse and Lake Protection Zone (WLPZ) widths and operational re - quirements in relationship to Watercourse characteris- tics and achievement of the goals specified in 14 CCR §§ 916.9, 936.9, and 956.9 subsection (a).

The purpose of the proposed action is to eliminate the regulatory method of Class II–L determination based on average active channel width, as evaluation of the provision indicates that that it is not particu - larly effective in identifying watercourse characteris - tics intended to promote the goals specified in 14 CCR §§ 916.9, 936.9, and 956.9 subsection (a). Furthermore, the proposed action will eliminate the regulatory sun - set period for methods to determine Class II water - course types in order to avoid future issues of regula - tory clarity or inconsistency.

It should be noted here that the proposed action does not, in any way, affect the Board’s or the EMC’s ability to continue evalu - ating this, or other related, regulatory schemes in or - der to determine efficacy, nor does the proposed action limit the Board’s future authority in amending these regulations in order to better interpret, implement, or effectuate the Act.

The effect of the proposed action is to eliminate a Class II–Large determination method which is not ef - fective at achieving the intended goals of the regula - tions, while maintaining one which does, and elimi - nate a regulatorily imposed sunset date on those and related provisions. The benefit of the proposed action is a more effi - cient and effective regulatory scheme for the determi- nation of Class II–L watercourses.

The reliance upon drainage area metrics provides a more objective and repeatable criteria than field measurements of active channel width, and the utilization of this method will improve and streamline both the implementation and enforcement of the regulations by reducing the time and resources needed to determine watercourse type. The resources necessary to calculate drainage area (i.e., geospatial tools, analog maps ) are readily avail - able to field practitioners. Finally, the proposed action provides improved regulatory certainty to the public through the elimination of the sunset provisions.

There is no comparable Federal regulation or statute. Board staff conducted an evaluation on wheth - er the proposed action is inconsistent or incompati - ble with existing State regulations pursuant to GOV § 11346.5(a)(3)(D). State regulations related to the proposed action were, in fact, relied upon in the devel- opment of the proposed action to ensure the consisten- cy and compatibility of the proposed action with ex - isting State regulations.

Otherwise, Board staff eval - uated the balance of existing State regulations relat - ed to watercourse protection during timber operations within State regulations that met the same purpose as the proposed action. Based on this evaluation and ef - fort, the Board has determined that the proposed reg - ulations are neither inconsistent nor incompatible with existing State regulations. The proposed regulation is entirely consistent and compatible with existing Board rules. Statutes to which the proposed action was com - pared:

Chapter 8,

Part 2, Division 4, Public Resources Code. Regulations to which the proposed action was com- pared:

Article 4, Subchapters 4, 5, & 6,

Chapter 4, Division 1.5, Title 14, California Code of Regulations. MANDATED BY FEDERAL LAW OR REGULATIONS The proposed action is not mandated by Federal law or regulations. The proposed action neither conflicts with, nor du - plicates, Federal regulations. There are no comparable Federal regulations related to management plans for the non–industrial harvesting of timber. No existing Federal regulations meeting the same purpose as the proposed action were identified.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 336 OTHER STATUTORY REQUIREMENTS (pursuant to GOV § 11346.5(a)(4)) There are no other matters as are prescribed by stat- ute applicable to the specific State agency or to any specific regulation or class of regulations. LOCAL MANDATE (pursuant to GOV § 11346.5(a)(5)) The proposed action does not impose a mandate on local agencies or school districts. FISCAL IMPACT (pursuant to GOV § 11346.5(a)(6)) There is no cost to any local agency or school dis - trict that is required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by the act, within the meaning of

Section 17556 of the Government Code. The proposed action will not result in the imposi - tion of other non–discretionary costs or savings to lo - cal agencies. The proposed action will not result in costs or sav - ings in Federal funding to the State. The proposed action will not result in costs to any State agency. The proposed action represents a con - tinuation of existing forest practice regulations related to the conduct of timber operations and will not result in any direct or indirect costs or savings to any state agency.

HOUSING COSTS (pursuant to GOV § 11346.5(a)(12)) The proposed action will not significantly affect housing costs. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (pursuant to GOV §§ 11346.3(a), 11346.5(a)(7) and 11346.5(a)(8)) The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states (by making it costlier to produce goods or services in California).

FACTS, EVIDENCE, DOCUMENTS, TESTIMONY, OR OTHER EVIDENCE RELIED UPON TO SUPPORT INITIAL DETERMINATION IN THE NOTICE THAT THE PROPOSED ACTION WILL NOT HA VE A SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS (pursuant to GOV § 11346.2(b)(5) and GOV § 11346.5(a)(8)) Contemplation by the Board of the economic impact of the provisions of the proposed action through the lens of the decades of contemplating forest practice in California that the Board brings to bear on regulatory development.

STATEMENTS OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) The results of the economic impact assessment are provided below pursuant to GOV § 11346.5(a)(10) and prepared pursuant to GOV § 11346.3(b)(1)(A)– (D).

The proposed action: ● Will not create jobs within California (GOV § 11346.3(b)(1)(A)); ● Will not eliminate jobs within California (GOV § 11346.3(b)(1)(A)); ● Will not create new businesses (GOV § 11346.3(b)(1)(B)); ● Will not eliminate existing businesses within California (GOV § 11346.3(b)(1)(B)); ● Will not affect the expansion or contraction of businesses currently doing business within California (GOV § 11346.3(b)(1)(C)); ● Will yield nonmonetary benefits (GOV § 11346.3(b)(1)(D)).

The proposed action will re- sult in a more efficient and effective regulatory scheme for the determination of Class II–L wa - tercourses and improved regulatory certainty to the public through the elimination of certain reg - ulatory sunset provisions. The proposed action will not affect the health and welfare of California residents or worker safety. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS (pursuant to GOV § 11346.5(a)(9)) The agency 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.

No adverse impacts are to be expected.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 337 BUSINESS REPORT (pursuant to GOV §§ 11346.5(a)(11) and 11346.3(d)) The proposed action does not impose a business re - porting requirement. SMALL BUSINESS (defined in GOV § 11342.610) The proposed regulation may affect small business, though small businesses, within the meaning of GOV § 11342.610, are not expected to be significantly affect- ed by the proposed action. Small business, pursuant to 1 CCR § 4(a):

(1) Is legally required to comply with the regulation;

(2) Is not legally required to enforce the regulation;

(3) Does not derive a benefit from the enforcement of the regulation;

(4) May incur a detriment from the enforcement of the regulation if they do not comply with the regulation.

ALTERNATIVES INFORMATION In accordance with GOV § 11346.5(a)(13) , the Board must determine that no reasonable alternative it considers, or that has otherwise been identified and brought to the attention of the Board, would be more effective in carrying out the purpose for which the ac- tion is proposed, or would be as effective and less bur- densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.

CONTACT PERSON Requests for copies of the proposed text of the regu- lations, the Initial Statement of Reasons, modified text of the regulations and any questions regarding the sub- stance of the proposed action may be directed to: Board of Forestry and Fire Protection Attn: Eric Hedge Regulations Program Manager P.O. Box 944246 Sacramento, CA 94244–2460 Telephone: (916) 619–9796 The designated backup person in the event Mr. Hedge is not available is Jane Van Susteren, Regulations Coordinator for the Board of Forestry and Fire Protection. Ms. Van Susteren may be contacted at the above address or phone.

A VAILABILITY STATEMENTS (pursuant to GOV § 11346.5(a)(16) and (18)) All of the following are available from the contact person: 1. Express terms of the proposed action us - ing UNDERLINE to indicate an addition to the California Code of Regulations and STRIKETHROUGH to indicate a deletion. 2.

Initial Statement of Reasons, which includes a statement of the specific purpose of each adop - tion, amendment, or repeal, the problem the Board is addressing, and the rationale for the determination by the Board that each adoption, amendment, or repeal is reasonably necessary to carry out the purpose and address the problem for which it is proposed. 3. The information upon which the proposed action is based (pursuant to GOV § 11346.5(b)). 4. Changed or modified text.

After holding the hear- ing and considering all timely and relevant com - ments received, the Board may adopt the proposed regulations substantially as described in this no - tice. If the Board makes modifications which are sufficiently related to the originally proposed text, it will make the modified text—with the changes clearly indicated—available to the public for at least 15 days before the Board adopts the regu - lations as revised.

Notice of the comment period on changed regulations, and the full text as modi- fied, will be sent to any person who testified at the hearings, submitted comments during the public comment period, including written and oral com- ments received at the public hearing, or request - ed notification of the availability of such changes from the Board of Forestry and Fire Protection. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available.

FINAL STATEMENT OF REASONS When the Final Statement of Reasons (FSOR) has been prepared, the FSOR will be available from the contact person on request. INTERNET ACCESS All of the material referenced in the Availability Statements is also available on the Board web site at: https://bof.fire.ca.gov/regulations/proposed–rule– packages/.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 338 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 subsection (b)(50) of

Section 7.40, Title 14, California Code of Regulations, relating to Klamath River Basin sport fishing. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Unless otherwise specified, all

section references in this document are to Title 14 of the California Code of Regulations (CCR). The Klamath River Basin, which consists of the Klamath River and Trinity River systems, is man - aged for fall–run Chinook Salmon ( Oncorhynchus tshawytscha) through a cooperative system of state, federal, and tribal management agencies. Salmonid regulations are designed to meet natural and hatchery escapement needs for salmonid stocks, while provid - ing equitable harvest opportunities for ocean sport, ocean commercial, river sport, and tribal fisheries.

The Pacific Fishery Management Council (PFMC) is responsible for adopting recommendations for the management of sport and commercial ocean salmon fisheries in the Exclusive Economic Zone (three to 200 miles offshore) off the coasts of Washington, Oregon, and California. When approved by the Secretary of Commerce, these recommendations are implemented as ocean salmon fishing regulations by the National Marine Fisheries Service (NMFS).

The Commission adopts regulations for the ocean salmon sport (inside three miles) and the Klamath River Basin (in–river) sport fisheries, which are con - sistent with federal fishery management goals. Tribal entities within the Klamath River Basin maintain fishing rights for ceremonial, subsistence, and commercial fisheries that are managed consistent with federal fishery management goals. Tribal fishing regulations are promulgated by the tribes.

Klamath River Fall–Run Chinook Salmon Adult Klamath River fall–run Chinook Salmon (KRFC) harvest allocations and natural spawning es - capement goals are established by PFMC. The KRFC harvest allocation between tribal and non–tribal fish - eries is based on court decisions and allocation agree - ments between the various fishery representatives. The Klamath River Basin in–river sport salmon fishery is managed using adult quotas.

For the pur - pose of implementing the California Department of Fish and Wildlife (Department) salmon fishery har - vest assessment, within the Klamath River Basin, the Department currently considers 23 inches total length as a provisional cutoff. Salmon greater than 23 inches total length are defined as adult salmon (ages 3–5) and salmon less than or equal to 23 inches total length are defined as grilse salmon (age two). PFMC Overfishing Review KRFC stocks have been designated as “overfished” by PFMC. This designation is the result of not meeting conservation objectives for this stock.

Management objectives and criteria for KRFC are defined in the PFMC Salmon Fishery Management Plan (FMP). The threshold for overfished status of KRFC is a three– year geometric mean less than or equal to 30,525 natural area adult spawners. This overfished–thresh - old was met for KRFC during the 2015–2017 peri - od. The 30,525 KRFC natural area adult spawners is considered the minimum stock size threshold, per the FMP. The KRFC adult natural area spawning escape - ment for 2020 was 26,190 natural area adult spawn - ers, which is below the one–year conservation thresh - old of 40,700 natural area adult spawners.

The most– recent three–year geometric mean of 31,167 is still less than the required 40,700 natural area adult spawners, therefore the KRFC are still considered as an “over - fished” stock. Accordingly, the FMP outlines a process for pre - paring a “rebuilding plan” that includes assessment of the factors that led to the decline of the stock, in - cluding fishing, environmental factors, model errors, etc. The rebuilding plan includes recommendations to address conservation of KRFC, with the goal of achieving rebuilt status.

Rebuilt status requires meet - ing a three–year geometric mean of 40,700 adult nat - ural area KRFC spawner escapement. The plan devel- oped by representatives of NMFS, PFMC, U.S. Fish and Wildlife Service, the Department, and tribal enti - ties, was submitted to PFMC in February 2019, adopt- ed by PFMC in June 2019 and submitted to NMFS in August 2019. Forthcoming recommendations from the rebuilding plan may alter how KRFC are managed in the future, including changing the in–river allocation number, and/or allocating less than the normal target number.

KRFC Allocation Management The PFMC 2021 allocation for the Klamath River Basin sport harvest was 1,221 adult KRFC. The PFMC allocation for the Klamath River Basin sport harvest is normally a minimum of 15 percent of the non–tribal PFMC harvest allocation of KRFC. Preseason stock projections of 2022 adult KRFC abundance will not be available from PFMC until March 2022. The 2022 basin allocation will be recommended by PFMC in April 2022. That allocation will inform the quota that the Department proposes to the Commission for adop-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 339 tion as a quota for the in–river sport harvest at the Commission’s May 2022 teleconference meeting. The Commission may adopt a KRFC in–river sport harvest quota that is different than the quota proposed by the Department or the PFMC 2022 allocation for that fishery. Commission modifications need to meet biological and fishery allocation goals specified in law or established in the FMP. The annual KRFC in–river sport harvest quota is specified in subsection 7.40(b)(50)(D)1.

The quota is split between four geographic areas with a subquota for each area, expressed as a percentage of the total in– river quota, specified in subsection 7.40(b)(50)(D)2. For angler convenience, the subquotas, expressed as the number of fish, are listed for the affected river seg- ments in subsection 7.40(b)(50)(E).

The in–river sport subquota percentages are as follows: 1. for the main stem Klamath River from 3,500 feet downstream of the Iron Gate Dam to the Highway 96 bridge at Weitchpec –– 17 percent of the in– river sport quota; 2. for the main stem Klamath River downstream of the Highway 96 bridge at Weitchpec to the mouth –– 50 percent of the in–river sport quota; 3. for the main stem Trinity River downstream of the Old Lewiston Bridge to the Highway 299 West bridge at Cedar Flat –– 16.5 percent of the in–river sport quota; and 4. for the main stem Trinity River downstream of the Denny Road bridge at Hawkins Bar to the confluence with the Klamath River –– 16.5 per - cent of the in–river sport fishery quota.

Proposed Changes Because the PFMC recommendations are not known at this time, ranges are shown in [brackets] in the proposed regulatory text below of bag and posses- sion limits which encompass historical quotas. All are proposed for the 2022 KRFC fishery in the Klamath and Trinity rivers. The final KRFC bag and possession limits will align with the final federal regulations to meet biological and fishery allocation goals specified in law, or estab- lished in the FMP.

KRFC SPORT FISHERY (QUOTA MANAGEMENT) Quota: For public notice requirements, the Department recommends the Commission consider a quota range of 0–67,600 adult KRFC in the Klamath River Basin for the in–river sport fishery. This recom- mended range encompasses the historical range of the Klamath River Basin allocations and allows PFMC and the Commission to make adjustments during the 2022 regulatory cycle.

Subquotas: The proposed subquotas for KRFC stocks are as follows: ● Main stem Klamath River from 3,500 feet down- stream of the Iron Gate Dam to the Highway 96 bridge at Weitchpec –– 17 percent of the total quota equates to [0–11,492]; ● Main stem Klamath River downstream of the Highway 96 bridge at Weitchpec to the mouth –– 50 percent of the total quota equates to [0 –33,800]; ● Main stem Trinity River downstream of the Old Lewiston Bridge to the Highway 299 West bridge at Cedar Flat –– 16.5 percent of the total quota equates to [0–11,154]; and ● Main stem Trinity River downstream of the Denny Road bridge at Hawkins Bar to the conflu- ence with the Klamath River –– 16.5 percent of the total quota equates to [0–11,154].

Seasons: No changes are proposed for the Klamath River and Trinity River KRFC seasons: ● Klamath River — August 15 to December 31 ● Trinity River — September 1 to December 31 Bag and Possession Limits: As in previous years, no retention of adult KRFC is proposed once the subquo- ta has been met. ● Bag Limit — [0–4] Chinook Salmon — of which no more than [0–4] fish over 23 inches total length may be retained until the subquota is met, then 0 fish over 23 inches total length. ● Possession limit — [0–12] Chinook Salmon of which no more than [0–4] fish over 23 inches to - tal length may be retained when the take of salm- on over 23 inches total length is allowed.

KRSC SPORT FISHERY The Klamath River Basin also supports Klamath River spring–run Chinook Salmon (KRSC). Presently, KRSC stocks are not managed or allocated by PFMC. No regulatory changes are proposed for the general KRSC opening and closing season dates, and bag, possession and size limits. OTHER CHANGES FOR CLARITY The Department is proposing additional changes for clarity and consistency, as follows: 1. Throughout the regulatory text in subsection 7.40(b)(50), update the year from 2021 to 2022. 2.

Throughout the regulatory text in subsection 7.40(b)(50), change terminology describing date ranges from “to” to “through” to make it clear that date ranges are inclusive. BENEFITS OF THE PROPOSED REGULATIONS The Commission anticipates benefits to the environ- ment in the sustainable management of Klamath River Basin salmonid resources.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 340 Other benefits of the proposed regulations are con - formance with federal fishery management goals, health and welfare of California residents and promo - tion of businesses that rely on salmon sport fishing in the Klamath River Basin. CONSISTENCY AND COMPATIBILITY WITH EXISTING REGULATIONS

Article IV,

Section 20 of the State Constitution specifies that the Legislature may delegate to the Commission such powers relating to the protection and propagation of fish and game as the Legislature sees fit. The Legislature has delegated authority to the Commission to promulgate sport fishing regula - tions (Fish and Game Code sections 200, 205, 315, and 316.5). The Commission has reviewed its own regulations and finds that the proposed regulations are neither inconsistent nor incompatible with exist - ing state regulations.

Commission staff has searched the California Code of Regulations and has found no other state regulations related to sport fishing in the Klamath River Basin. PUBLIC PARTICIPATION 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 Monterey County Fair & Event Center, Seaside Room, 2004 Fairground Road, Monterey, California, on Thursday, April 21, 2022 at 8:30 a.m., or as soon thereafter as the matter may be heard.

NOTICE IS ALSO GIVEN t h a t a n y p e r s o n i n- terested may present statements, orally or in writ - ing, relevant to this action at a teleconference hearing originating in 715 P Street, Sacramento, California, on Thursday, May 19, 2022 at 8:30 a.m., or as soon thereafter as the matter may be heard. It is requested, but not required, that written com - ments be submitted on or before 5:00 p.m. May 6, 2022, 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 May 16, 2022.

All comments must be re - ceived no later than May 19, 2022, during the webi - nar/teleconference meeting. If you would like copies of any modifications to this proposal, please include your name and mailing ad - dress. Mailed comments should be addressed to Fish and Game Commission, P.O. Box 944209, Sacramento, CA 94244–2090. AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation 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 Maurene Trotter at FGC@fgc.ca.gov or at the preced- ing address or phone number.

Senior Environmental Scientist Karen Mitchell, Department of Fish and Wildlife, ((916) 376–1917), has been designated to respond to questions on the substance of the pro - posed 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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 341 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 businesses in other states. The proposed regulations are pro- jected to range from minor to no impact on the net revenues to local businesses servicing sport fish - ermen.

If the 2022 KRFC quota is reduced, vis - itor spending may correspondingly be reduced, and in the absence of alternative visitor activities, the drop in spending could induce some business contraction. If the 2022 KRFC quota remains similar to the KRFC quotas allocated in previous years, then local economic impacts are expected to be unchanged. Neither scenario is expected to directly affect the ability of California businesses to compete with businesses in other states. (

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: An estimated 30–50 businesses that serve sport fishing activities are expected to be directly and/ or indirectly affected depending on the final KRFC quota. The impacts range from no impact to some transitory adverse impacts. (For addi - tional information, please refer to

Section VII of the Initial Statement of Reasons.) Depending on the final KRFC quota, the Commission anticipates the potential for some impact on the creation or elimination of jobs in Califor nia. The potential adverse employment im- pacts range from no impact to the loss of 12 jobs. Under all alternatives, due to the limited time pe- riod of this regulation’s impact, the Commission anticipates no impact on the creation of new busi- nesses, the elimination of existing businesses, or the expansion of businesses in California.

For all of the proposed scenarios, the possibil - ity of growth of businesses to serve alternative recreational activities exists. Adverse impacts to jobs and/or businesses would be less if fish - ing of other species and grilse KRFC is permit - ted, than the impacts to jobs and/or businesses under a complete closure to all fishing. The im - pacted businesses are generally small business - es employing few individuals and, like all small businesses, are subject to failure for a variety of causes.

Additionally, the long–term intent of the proposed regulatory action is to increase sustain - ability in fishable salmon stocks and, consequent- ly, promote the long–term viability of these same small businesses. The Commission anticipates benefits to the health and welfare of California residents. Providing op- portunities for a salmon sport fishery encourages a healthy outdoor activity and the consumption of a nutritious food. The Commission anticipates benefits to the en - vironment by the sustainable management of California’s salmonid resources.

The Commission does not anticipate any bene - fits to worker safety because the proposed action does not affect working conditions. (

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

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

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

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

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

Part 7 (commencing with

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

h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these reg- ulations may affect small business. The Commission has drafted the regulations in Plain English pursu - ant 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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 342 of the Commission, would be more effective in carry- ing out the purpose for which the action is proposed, would be as effective and less burdensome to affect - ed private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. TITLE 14.

FISH AND GAME COMMISSION 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, propos - es to amend subsections (b)(4), (b)(43), (b)(66), and (b)(80) of

Section 7.40, Title 14, California Code of Regulations, relating to Central Valley sport fishing. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Unless otherwise specified, all

section references in this document are to Title 14 of the California Code of Regulations. Current regulations in subsections (b)(4), (b)(43), (b)(66), and (b)(80) of

Section 7.40 prescribe the 2021 seasons and daily bag and possession lim - its for Sacramento River fall–run Chinook Salmon (Oncorhynchus tshawytscha ; SRFC) sport fishing in the American, Feather, Mokelumne, and Sacramento rivers, respectively. Collectively, these four rivers con- stitute the “Central Valley fishery” for SRFC for pur - poses of this document. Each year, the Department of Fish and Wildlife (Department) recommends new Chinook Salmon bag and possession limits for con - sideration by the Commission to align the fishing lim- its with up–to–date management goals, as set forth below.

The Pacific Fishery Management Council (PFMC) is responsible for adopting recommendations for the management of recreational and commercial ocean salmon fisheries in the Exclusive Economic Zone (three to 200 miles offshore) off the coasts of Washington, Oregon, and California. When approved by the Secretary of Commerce, these recommenda - tions are implemented as ocean salmon fishing reg - ulations by the National Marine Fisheries Service (NMFS).

The PFMC will develop the annual Pacific coast ocean salmon fisheries regulatory options for public re- view at its March 2022 meeting and will adopt its final regulatory recommendations at its April 2022 meeting based on the PFMC salmon abundance estimates and recommendations for ocean harvest for the coming season. Based on the April 2022 recommendation by PFMC, the Department will recommend specific bag and possession limit regulations to the Commission at its April 21, 2022 meeting. The Commission will then consider adoption of the Central Valley sport fishing regulations at its May 19, 2022 meeting.

PROPOSED REGULATIONS Chinook Salmon Bag and Possession Limits The Department recognizes the uncertainty of SRFC in–river harvest projections.

Therefore, for the 2022 Central Valley fishery, the Department is pre - senting three regulatory options for the Commission’s consideration to tailor 2022 Central Valley fishery management to target 2022 in–river fisheries harvest projections. ● Option 1 is the most liberal of the three options, and allows take of any size Chinook Salmon up to the daily bag and possession limits. ● Option 2 allows for take of a limited number of adult Chinook Salmon, with grilse Chinook Salmon (two–year old salmon) making up the re- mainder of the daily bag and possession limits. ● Option 3 is the most conservative option, and al - lows for a grilse–only Chinook Salmon fishery.

All options would be applicable to the following riv- er segments and time periods: American River, subsection 7.40(b)(4): (

B) From the United States Geological Survey (USGS) gauging station cable crossing near Nimbus Hatchery to the Sacramento Municipal Utility District (SMUD) power line crossing the southwest boundary of Ancil Hoffman Park, July 16 through October 31 (

C) From the SMUD power line crossing at the south- west boundary of Ancil Hoffman Park to the Jibboom Street bridge, July 16 through December 31 (

D) From the Jibboom Street bridge to the mouth, July 16 through December 16 Feather River, subsection 7.40(b)(43): (

D) From the unimproved boat ramp above the Thermalito Afterbay Outfall to 200 yards above the Live Oak boat ramp, July 16 through October 31 (

E) From 200 yards above the Live Oak boat ramp to the mouth, July 16 through December 16 Mokelumne River, subsection 7.40(b)(66): (

A) From Comanche Dam to Elliott Road, July 16 through October 15

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z 343 (

B) From Elliott Road to the Woodbridge Irrigation District Dam and including Lodi Lake, July 16 through December 31 (

D) From the Lower Sacramento Road bridge to the mouth, July 16 through December 16 Sacramento River below Keswick Dam, subsection 7.40(b)(80): (

C) From Deschutes Road bridge to the Red Bluff Diversion Dam, August 1 through December 31 (

D) From the Red Bluff Diversion Dam to the Highway 113 bridge, July 16 through December 16. (

E) From the Highway 113 bridge to the Carquinez Bridge, July 16 through December 16. The following options are provided for Commission consideration: Option 1 — Any Size Chinook Salmon Fishery This option is the Department’s preferred option if the 2022 SRFC stock abundance forecast is sufficient- ly high to avoid the need to constrain in–river SRFC harvest. Bag limit of [0–4] Chinook Salmon. Possession limit — [0–12] Chinook Salmon. Option 2 — Limited Adult and Grilse Salmon Fishery Bag limit of [0–4] Chinook Salmon of which no more than [0–4] fish over 27 inches total length may be retained.

Possession limit — [0–12] Chinook Salmon of which no more than [0–4] fish may be over 27 inches total length. Option 3 — Grilse Salmon Fishery Only Bag limit of [0–4] Chinook Salmon less than or equal to 27 inches total length. Possession limit — [0–12] Chinook Salmon less than or equal to 27 inches total length. All Options Under all options, non–substantive edits are pro - posed for consistency with other subsections of

Section 7.40. BENEFITS OF THE PROPOSED REGULATIONS The Commission anticipates benefits to the environ- ment in the sustainable management of Central Valley Chinook Salmon resources. Other benefits of the pro - posed regulations are consistency with federal fishery management goals, health and welfare of California residents, and promotion of businesses that rely on Central Valley Chinook Salmon sport fishing. CONSISTENCY AND COMPATIBILITY WITH EXISTING REGULATIONS

Article IV,

Section 20 of the State Constitution specifies that the Legislature may delegate to the Commission such powers relating to the protection and propagation of fish and game as the Legislature sees fit. The Legislature has delegated to the Commission the power to regulate sport fishing in waters of the state (Fish and Game Code sections 200, 205, 315 and 316.5). The Commission has reviewed its own regula- tions and finds that the proposed regulations are neither inconsistent nor incompatible with existing state reg - ulations.

The Commission has searched the California Code of Regulations and finds no other state agency regulations pertaining to Chinook Salmon sport fish - ing seasons, bag, and possession limits for Central Valley sport fishing. PUBLIC PARTICIPATION 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 Monterey County Fair & Event Center, Seaside Room, 2004 Fairground Road, Monterey, California, on Thursday, April 21, 2022 at 8:30 a.m., or as soon thereafter as the matter may be heard.

All comments must be received no later than May 19, 2022, during the webinar/teleconference meeting. If you would like cop- ies of any modifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Commission, P.O. Box 944209, Sacramento, CA 94244–2090. AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation 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

CALIFORNIA REGULATORY NOTICE REGISTER 2

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2022, No. 12
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	c6ab29e61c2bcfe555164d1e61c213190722c2e9

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