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Section 1603 Of Chapter 6. Fish And Wildlife Protection And Conservation From California Fish And Game Code >> Division 2. >> Chapter 6.
1603
. (a) After the notification is complete, the department shall
determine whether the activity may substantially adversely affect an
existing fish and wildlife resource. If the department determines
that the activity may have that effect, the department shall provide
a draft agreement to the entity within 60 days after the notification
is complete. The draft agreement shall describe the fish and
wildlife resources that the department has determined the activity
may substantially adversely affect and include measures to protect
those resources. The department's description of the affected
resources shall be specific and detailed, and the department shall
make available, upon request, the information upon which its
determination of substantial adverse effect is based. Within 30 days
of the date of receipt of the draft agreement, the entity shall
notify the department whether the measures to protect fish and
wildlife resources in that draft agreement are acceptable. If the
department's measures are not acceptable, the entity shall so notify
the department in writing and specify the measures that are not
acceptable. Upon written request, the department shall meet with the
entity within 14 days of the date the department receives the request
for the purpose of resolving any disagreement regarding those
measures. If the entity fails to respond, in writing, within 90 days
of receiving the draft agreement, the department may withdraw that
agreement, and require the entity to resubmit a notification to the
department before commencing the activity.
(b) If mutual agreement is not reached at any meeting held pursuant to subdivision (a), the entity may request, in writing, the appointment of a panel of arbitrators to resolve the disagreement. A panel of arbitrators shall be appointed within 14 days of receipt of the written request. The panel of arbitrators shall be comprised of three persons, as follows: one representative selected by the department; one representative selected by the affected entity; and a third person mutually agreed upon by the department and the entity, who shall serve as the panel chair. If the department and the entity cannot agree on the third person within that 14-day period, the third person shall be appointed in the manner provided by Section 1281.6 of the Code of Civil Procedure. The third person shall have scientific expertise relevant to the fish and wildlife resources that may be substantially adversely affected by the activity proposed by the entity and to the measures proposed by the department to protect those resources. The authority of the panel of arbitrators is limited to resolving disagreements regarding the measures specified in subdivision (a), and subdivisions (b) and (g) of Section 1605, and, in the case of an extension, whether or not the agreement needs to be modified to protect fish and wildlife resources. Any decision by the panel of arbitrators shall be issued within 14 days from the date the panel was established, shall be binding on the department and the affected entity, shall be based on the best scientific information reasonably available at the time of the arbitration, and, except for a decision to extend an agreement without modification, shall be made in the form of a final agreement. The final agreement issued by the panel shall also include, without modification, all measures that were not subject to arbitration. Each party shall pay the expenses of their selected representative and pay one-half the expenses of the third person.
(b) If mutual agreement is not reached at any meeting held pursuant to subdivision (a), the entity may request, in writing, the appointment of a panel of arbitrators to resolve the disagreement. A panel of arbitrators shall be appointed within 14 days of receipt of the written request. The panel of arbitrators shall be comprised of three persons, as follows: one representative selected by the department; one representative selected by the affected entity; and a third person mutually agreed upon by the department and the entity, who shall serve as the panel chair. If the department and the entity cannot agree on the third person within that 14-day period, the third person shall be appointed in the manner provided by Section 1281.6 of the Code of Civil Procedure. The third person shall have scientific expertise relevant to the fish and wildlife resources that may be substantially adversely affected by the activity proposed by the entity and to the measures proposed by the department to protect those resources. The authority of the panel of arbitrators is limited to resolving disagreements regarding the measures specified in subdivision (a), and subdivisions (b) and (g) of Section 1605, and, in the case of an extension, whether or not the agreement needs to be modified to protect fish and wildlife resources. Any decision by the panel of arbitrators shall be issued within 14 days from the date the panel was established, shall be binding on the department and the affected entity, shall be based on the best scientific information reasonably available at the time of the arbitration, and, except for a decision to extend an agreement without modification, shall be made in the form of a final agreement. The final agreement issued by the panel shall also include, without modification, all measures that were not subject to arbitration. Each party shall pay the expenses of their selected representative and pay one-half the expenses of the third person.
