California Environmental Quality Act

THE DEPARTMENT OF FISH AND GAME'S ROLE IN ENVIRONMENTAL REVIEW

The Department may play various roles under the California Environmental Quality Act (CEQA) process. The Department is always a Trustee Agency, but under certain circumstances it may also be a Lead Agency or a Responsible Agency. Also, by State law the Department has jurisdiction over the conservation, protection, and management of wildlife, native plants, and habitat necessary to maintain biologically sustainable populations. The Department shall consult with lead and responsible agencies and shall provide the requisite biological expertise to review and comment upon environmental documents and impacts arising from project activities.

Trustee Agency Role

A Trustee Agency has jurisdiction over certain resources held in trust for the people of California. The Department is one of four trustee agencies. The others include the State Lands Commission, the Department of Parks and Recreation, and the University of California. Trustee agencies are generally required to be notified of CEQA documents relevant to their jurisdiction, whether or not these agencies have actual permitting authority or approval power over aspects of the underlying project (CEQA Guidelines, Section 15386). The Department is always a trustee agency and must be notified of CEQA documents regarding projects involving fish and wildlife of the state, rare and endangered native plants, wildlife areas, and ecological reserves. Although, as a trustee agency the Department cannot approve or disapprove a project, lead and responsible agencies are required to consult with the Department. The Department, as the trustee agency for fish and wildlife resources, shall provide the requisite biological expertise to review and comment upon environmental documents and impacts arising from project activities and shall make recommendations regarding those resources held in trust for the people of California (Fish and Game Code Section 1802).

Lead Agency Role

A Lead Agency is the California government agency that has the principle responsibility for carrying out or approving a project, and therefore is principally responsible for preparing CEQA documents. The lead agency also determines whether a negative declaration or an environmental impact report will be required and be prepared (CEQA Statutes, Sections 21080.3 and 21104.2; Guidelines, Sections 15050 and 15367). The Department functions as a lead agency when it proposes to carry out its own projects, such as, projects on the state wildlife areas, projects on state fish hatcheries, or habitat or stream restoration projects that the Department undertakes or contracts out to have done. The Department can also be a lead agency when it is the only agency issuing a permit and no other agency is involved, as is sometimes the case with 1600 Streambed Alteration Agreements.

Responsible Agency Role

A Responsible Agency is an agency other than the lead agency that has a legal responsibility for also carrying out or approving a project. It must actively participate in the Lead Agency’s CEQA process, review the Lead Agency’s CEQA document and use that document when making a decision on the project. In acting on whatever aspect of the project requires its approval, the Responsible Agency must rely on the Lead Agency’s environmental document to prepare and issue its own findings regarding the project (CEQA Guidelines, Sections 15096 and 15381). For example, the Department takes on the role of a responsible agency when a lead agency requires from the Department a 1600 Streambed Alteration Agreement for a project or a 2081(b) California Endangered Species Act (CESA) Incidental Take Permit for the taking of threatened and endangered species incidental to a project. The Department must rely on the lead agency’s environmental document prepared for the project to make a finding and decide whether or not to issue an incidental take permit.