Shared Authority for Wildlife Regulations at or near the California Coastal Zone.
The authority for managing and regulating wildlife at or near the California coast is shared between two key state entities: the California Fish and Game Commission and the California Department of Fish and Wildlife (CDFW), each with distinct yet complementary roles:
- California Fish and Game Commission:
The Commission is a decision-making body, independent of the CDFW. It is a constitutionally established body responsible for setting regulations and policies regarding the management and use of wildlife in California. The Commission has regulatory authority over certain species, such as game mammals, birds, and fish, including when, where, and how they may be taken. For instance, it sets seasons, bag limits, and methods of take for regulated species, and is also responsible for endangered species listings. The Commission acts as the primary policy-setting entity, empowered to adopt regulations pursuant to the California Fish and Game Code, often following processes that incorporate public input and scientific review. - California Department of Fish and Wildlife (CDFW):
The CDFW serves as the administrative, enforcement, and scientific agency that implements the regulations and policies established by the Commission. CDFW biologists conduct the scientific research and monitoring that informs both the Commission’s policy decisions and CDFW’s on-the-ground management. Its responsibilities include managing habitat protection programs and enforcing environmental laws, including compliance with the California Environmental Quality Act (CEQA) for biological resources. The CDFW is the administrative and enforcement agency that implements the regulations and policies established by the Commission.
In coastal development specifically, CDFW plays a critical role as a trustee agency for protecting biological resources, reviews environmental documents, and often provides technical input and may impose mitigation requirements on CEQA projects. In contrast, the Fish and Game Commission focuses on higher-level regulatory frameworks, such as endangered species listings and hunting-fishing regulations.
In essence, the Fish and Game Commission focuses on establishing the higher-level regulatory frameworks and policies, while the CDFW is responsible for the day-to-day management, enforcement, and providing the scientific foundation for these regulations. This collaborative regulatory structure ensures that both the establishment and implementation of wildlife protections are grounded in robust science, subject to public oversight, and effectively applied to safeguard California’s diverse coastal ecosystems.
Section 30411 (Public Resources Code § 30411):
Department of Fish and Wildlife; Fish and Game Commission; control of wildlife and fishery management programs; study of wetlands; aquaculture
(a) The Department of Fish and Wildlife and the Fish and Game Commission are the principal state agencies responsible for the establishment and control of wildlife and fishery management programs, and the commission (the Costal Commission that is) shall not establish or impose any controls with respect thereto that duplicate or exceed regulatory controls established by these agencies pursuant to specific statutory requirements or authorization.
(b) The Department of Fish and Wildlife may study and recommend to appropriate agencies techniques for the improvement of coastal wetlands, and may participate in experimental projects for this purpose.
(c) The Department of Fish and Wildlife may recommend to the appropriate local, state, and federal agencies, as well as to the commission, specific locations for aquaculture development. The department may also provide assistance to guide local government and the Coastal Commission in identifying environmentally suitable sites for aquaculture facilities.
I want to make this very clear: the coastal commission CANNOT impose regulations that goes beyond the control established by the Department of Fish and Wildlife & Fish and Game Commission.
For reference, see:
- California Fish and Game Code §§ 200–399, 1000–2089.
- CEQA Guidelines (14 CCR §15000 et seq.) – particularly the definition of “Trustee Agency” under §15386.
- California Coastal Act – coastal projects may also involve the California Coastal Commission in cases of habitat or species impact.
Speaking of the California Fish and Game Commission and Department of Fish and Wildlife, you might be interested in learning more about the California Fish and Game Code, which outlines the legal framework for wildlife management in the state. For a broader understanding of regional conservation efforts, the California Coastal Commission plays a significant role in protecting coastal resources. Additionally, exploring the California Environmental Quality Act (CEQA) offers insight into how environmental impacts are assessed and regulated during development projects.