If a project for which Fish and Game has assumed the role of Lead Agency is subject to the requirements of CEQA, and not found to be exempt, the lead unit shall conduct an Initial Study to determine if the project may have a significant effect on the environment unless the lead unit can determine that the project will clearly have a significant effect.
If any aspects of the project, either individually or cumulatively, may cause a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, then an EIR must be prepared. All phases of project planning, implementation, and operation must be considered in the Initial Study of the project. To meet the requirements of this section, the Lead Agency may use an Initial Study prepared pursuant to the National Environmental Policy Act. The purposes, contents, uses, submission of data, format and consultation required shall be in accordance with Section 15080 of the State EIR Guidelines.
Early consultation shall include all responsible agencies, agencies with legal jurisdiction over natural resources affected by the project, and appropriate Fish and Game personnel, including Regional Environmental Services Supervisors and/or Environmental Services Branch.
Information from the Initial Study and comments obtained through consultation shall assist the lead unit in determining whether or not the project may have a significant effect on the environment.
If any aspects of the project, either individual or cumulative, may cause a significant effect on the environment, and EIR must be prepared. If no significant effects are found, a Statement of Negative Declaration is required.
(a) Purposes. The purposes of an Initial Study are to:(1) Identify environmental impacts;(2) Enable modification of a project, mitigating adverse impacts before an EIR is written:(3) Focus an EIR, if one is required, on potentially significant environmental effects;(4) Facilitate environmental assessment early in the design of a project;(5) Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment;(6) Eliminate unnecessary EIRs.(b) Contents. An Initial Study shall contain in brief form: (1) A description of the project;(2) An identification of the environmental setting;(3) An identification of environmental effects by use of a checklist, matrix, or other method;(4) A discussion of ways to mitigate the significant effects identified, if any;(5) An examination of whether the project is compatible with existing zoning and plans;(6) The name of the person or persons who prepared or participated in the Initial Study.(c) Uses. (1) The Initial Study shall be used to provide a written determination of whether a Negative Declaration or an EIR shall be prepared for a project.(2) Where a project is revised in response to an Initial Study so that potential adverse effects are mitigated to a point where no significant environmental effects would occur, a Negative Declaration shall be prepared instead of an EIR. If the project would still result in one or more significant effects on the environment after mitigation measures are added to the project, an EIR shall be prepared.(3) The EIR shall emphasize study of the impacts determined to be significant and can omit further examination of those impacts found to be clearly insignificant in the Initial Study.(d) Submission of Data. If the project is to be carried out by a private person or private organization, Fish and Game may require such person or organization to submit data and information which will facilitate preparation of the Initial Study.(e) Determining Significant Effect. (1) The determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the public agency involved based to the extent possible on scientific and factual data. Prior to determining whether a Negative Declaration or Environmental Impact Report is required for a project, the lead unit will consult with all responsible agencies and all Trustee Agencies responsible for resources affected by the project as required by Section 15066(b) of the State EIR Guidelines. If a substantial body of opinion considers the effects of the project to be adverse, Fish and Game should prepare an EIR to explore the environmental effects involved.(2) In evaluating the significance of the environmental effect of a project, the responsible Fish and Game unit shall consider both primary or direct and secondary or indirect consequences. Primary consequences are immediately related to the project (the construction of a new treatment plant may facilitate population growth in a particular area), while secondary consequences are related more to primary consequences than to the project itself (an impact upon the resource base, including land, air, water and energy use of the area in question may result from the population growth).(f) Mandatory Findings of Significance. A project shall be found to have a significant effect on the environment if:(1) The project has the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory.(2) The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals;(3) The project has possible environmental effects which are individually limited but cumulatively considerable. As used in this subsection, "cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects;(4) The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. During this Initial Study, the lead unit should consult with other appropriate Fish and Game personnel, including Regional Environmental Services Supervisors and/or the Environmental Services Branch for assistance.
Cal. Code Regs. Tit. 14, § 758
Note: Authority cited: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines. Reference: Section 21080.5, Public Resources Code; Section 15050 of the State EIR Guidelines.