Statute in Full:
§ 2050. Short title
§ 2051. Legislative findings and declarations
§ 2052. Legislative findings, declarations and intent; state policy
§ 2052.1. Mitigation measures or alternatives; impact on candidate species
§ 2053. Legislative findings and declarations; alternative state agency projects
§ 2054. Legislative findings and declarations; state project approval; mitigation and enhancement measures
§ 2055. Legislative findings and declarations; state policy; conservation of endangered and threatened species
§ 2056. Legislative findings and declarations; cooperation of landowners; liability
§ 2060. Definitions as governing construction
§ 2061. Conserve; conserving; conservation
§ 2062. Endangered species
§ 2063. Feasible
§ 2064. Project
§ 2065. State lead agency
§ 2067. Threatened species
§ 2068. Candidate species
§ 2070. Establishment of lists; addition or removal of species
§ 2071. Guidelines; petition for listing or delisting species
§ 2071.5. Criteria for determining if species endangered or threatened
§ 2072. Petition; requirements
§ 2072.3. Petition; contents
§ 2072.7. Recommendation for listing or delisting species
§ 2073. Reference of petition to department; time
§ 2073.4. Evaluation of petition; submission of additional information
§ 2073.5. Evaluation of petition; report; recommendations
§ 2073.7. Amendment of petition
§ 2074. Petition; scheduling on meeting agenda; availability for review
§ 2074.2. Consideration of petition at meeting; findings; distribution
§ 2074.4. Consideration of petition; notification of affected and interested parties
§ 2074.6. Review of status of species; report
§ 2074.8. Independent studies or assessment of species
§ 2075. Scheduling petition for final consideration; availability of reports
§ 2075.5. Final consideration at meeting; findings
§ 2076. Judicial review
§ 2076.5. Emergency regulation adding species to lists; notice
§ 2077. Periodic review of listed species; deadline for initial review; report
§ 2078. Distribution of agenda and minutes of action
§ 2079. Report; summary of status of listed species; contents
§ 2080. Offense; exceptions
§ 2080.1. Incidental take statements or permits for endangered or threatened species; notice
§ 2081. Authorization of acts prohibited by § 2080; taking of endangered, threatened, and candidate species; permits; regulations
§ 2081.1. Taking of endangered, threatened, or candidate species; authorization by department; permits, memoranda of understanding, plan, agreements
§ 2081.5. Surface mining operation; permit and memorandum compliance; criminal prosecution exemption for incidental taking; plant species notification; memorandum of understanding; fees
§ 2081.7. Authorization to take species resulting from impacts attributable to implementation of Quantification Settlement Agreement on enumerated water or land; other conditions with respect to Agreement
§ 2081.8. Necessary activities to assess protection of recreational opportunities
§ 2082. Possession prior to listing; sales not prohibited
§ 2083. Application and scope of section; restrictions
§ 2084. Authorization of taking of listed candidate species
§ 2085. Application of article to candidate species; notice
§ 2086. Habitat for threatened or endangered species; locally designated voluntary programs; regulations; takings incidental to agricultural activities; renewal of authorizations
§ 2087. Accidental take resulting from acts occurring on farms or ranches
§ 2088. Fish species; timber harvesting; application of article
§ 2089. Routine and ongoing agricultural activities; regulations to define
§§ 2090 to 2097. Repealed by Stats.1993, c. 337 (A.B.426), § 1, operative Jan. 1, 1999
§ 2098. Source of funds
§ 2099. Repealed by Stats.2001, c. 745 (S.B.1191), § 51, eff. Oct. 12, 2001
§ 2100. Commission; members; staff
§ 2105. Greater Sandhill crane; recovery strategy pilot program; objectives
§ 2106. Coho salmon recovery strategy pilot program
§ 2106.5. Repealed by Stats.2003, c. 854 (S.B.216), § 2
§ 2107. Recovery strategy teams
§ 2109. Required information for recovery strategy for species
§ 2110. Recovery strategies containing specifications regarding allowable taking of species and guidelines for consultation; necessity of general policies to guide department's issuance of permit pursuant to § 2081
§ 2111. Hearing on recovery strategy; approval criteria
§ 2111.5. Strategy not approved; revision and resubmission of strategy
§ 2112. Takings for scientific, educational, or management purposes; implementation rules and guidelines
§ 2113. Implementation status and progress; reports
§ 2114. Endangered species list; strategies prepared prior to, or in conjunction with, additions to list; rulemaking
§ 2115. Appropriations
§ 2115.5. Duration of article; application of repeal to recovery strategies
§ 2050. Short title
This chapter shall be known and may be cited as the California Endangered Species Act.
CREDIT(S)
(Added by Stats.1984, c. 1240, § 2.)
§ 2051. Legislative findings and declarations
The Legislature hereby finds and declares all of the following:
(a) Certain species of fish, wildlife, and plants have been rendered extinct as a consequence of man's activities, untempered by adequate concern and conservation.
(b) Other species of fish, wildlife, and plants are in danger of, or threatened with, extinction because their habitats are threatened with destruction, adverse modification, or severe curtailment, or because of overexploitation, disease, predation, or other factors.
(c) These species of fish, wildlife, and plants are of ecological, educational, historical, recreational, esthetic, economic, and scientific value to the people of this state, and the conservation, protection, and enhancement of these species and their habitat is of statewide concern.
CREDIT(S)
(Added by Stats.1984, c. 1240, § 2.)
§ 2052. Legislative findings, declarations and intent; state policy
The Legislature further finds and declares that it is the policy of the state to conserve, protect, restore, and enhance any endangered species or any threatened species and its habitat and that it is the intent of the Legislature, consistent with conserving the species, to acquire lands for habitat for these species.
CREDIT(S)
(Added by Stats.1984, c. 1240, § 2.)
§ 2052.1. Mitigation measures or alternatives; impact on candidate species
The Legislature further finds and declares that if any provision of this chapter requires a person to provide mitigation measures or alternatives to address a particular impact on a candidate species, threatened species, or endangered species, the measures or alternatives required shall be roughly proportional in extent to any impact on those species that is caused by that person. Where various measures or alternatives are available to meet this obligation, the measures or alternatives required shall maintain the person's objectives to the greatest extent possible consistent with this section. All required measures or alternatives shall be capable of successful implementation. This section governs the full extent of mitigation measures or alternatives that may be imposed on a person pursuant to this chapter. This section shall not affect the state's obligations set forth in Section 2052.
CREDIT(S)
(Added by Stats.1997, c. 567 (S.B.879), § 1. Amended by Stats.1998, c. 485 (A.B.2803), § 74.)
§ 2053. Legislative findings and declarations; alternative state agency projects
The Legislature further finds and declares that it is the policy of the state that state agencies should not approve projects as proposed which would jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat essential to the continued existence of those species, if there are reasonable and prudent alternatives available consistent with conserving the species or its habitat which would prevent jeopardy.
Furthermore, it is the policy of this state and the intent of the Legislature that reasonable and prudent alternatives shall be developed by the department, together with the project proponent and the state lead agency, consistent with conserving the species, while at the same time maintaining the project purpose to the greatest extent possible.
CREDIT(S)
(Added by Stats.1984, c. 1240, § 2.)
§ 2054. Legislative findings and declarations; state project approval; mitigation and enhancement measures
The Legislature further finds and declares that, in the event specific economic, social, or other conditions make infeasible such alternatives, individual projects may be approved if appropriate mitigation and enhancement measures are provided.
CREDIT(S)
(Added by Stats.1984, c. 1240, § 2.)
§ 2055. Legislative findings and declarations; state policy; conservation of endangered and threatened species
The Legislature further finds and declares that it is the policy of this state that all state agencies, boards, and commissions shall seek to conserve endangered species and threatened species and shall utilize their authority in furtherance of the purposes of this chapter.
CREDIT(S)
(Added by Stats.1984, c. 1240, § 2.)
§ 2056. Legislative findings and declarations; cooperation of landowners; liability
The Legislature further finds and declares that the cooperation of the owners of land which is identified as habitat for endangered species and threatened species is essential for the conservation of those species and that it is the policy of this state to foster and encourage that cooperation in furtherance of the purposes of this chapter. Therefore, a landowner of property on which an endangered, threatened, or candidate species lives shall not be liable for civil damages for injury to employees of, or persons under contract with, the department if the injury occurs while those persons are conducting survey, management, or recovery efforts with respect to those species.
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(Added by Stats.1984, c. 1240, § 2. Amended by Stats.1987, c. 286, § 1.)
§ 2060. Definitions as governing construction
The definitions in this article govern the construction of this chapter.
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(Added by Stats.1984, c. 1162, § 6; Stats.1984, c. 1240, § 2.)
§ 2061. Conserve; conserving; conservation
"Conserve," "conserving," and "conservation" mean to use, and the use of, all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this chapter are no longer necessary. These methods and procedures include, but are not limited to, all activities associated with scientific resources management, such as research, census, law enforcement, habitat acquisition, restoration and maintenance, propagation, live trapping, and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking.
CREDIT(S)
(Added by Stats.1984, c. 1240, § 2.)
§ 2062. Endangered species
"Endangered species" means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant which is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease. Any species determined by the commission as "endangered" on or before January 1, 1985, is an "endangered species."
CREDIT(S)
(Added by Stats.1984, c. 1162, § 6; Stats.1984, c. 1240, § 2.)
§ 2063. Feasible
"Feasible" means feasible as defined in Section 21061.1 of the Public Resources Code.
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(Added by Stats.1984, c. 1240, § 2.)
§ 2064. Project
"Project" means project as defined in Section 21065 of the Public Resources Code.
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(Added by Stats.1984, c. 1240, § 2.)
§ 2065. State lead agency
"State lead agency" means the state agency, board, or commission which is a lead agency under the California Environmental Quality Act (Division 13 (commencing with Sec. 21000) of the Public Resources Code).
CREDIT(S)
(Added by Stats.1984, c. 1240, § 2.)
§ 2067. Threatened species
"Threatened species" means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that, although not presently threatened with extinction, is likely to become an endangered species in the foreseeable future in the absence of the special protection and management efforts required by this chapter. Any animal determined by the commission as "rare" on or before January 1, 1985, is a "threatened species."
CREDIT(S)
(Added by Stats.1984, c. 1162, § 6; Stats.1984, c. 1240, § 2.)
§ 2068. Candidate species
"Candidate species" means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that the commission has formally noticed as being under review by the department for addition to either the list of endangered species or the list of threatened species, or a species for which the commission has published a notice of proposed regulation to add the species to either list.
CREDIT(S)
(Added by Stats.1984, c. 1162, § 6; Stats.1984, c. 1240, § 2.)
§ 2070. Establishment of lists; addition or removal of species
The commission shall establish a list of endangered species and a list of threatened species. The commission shall add or remove species from either list if it finds, upon the receipt of sufficient scientific information pursuant to this article, that the action is warranted.
CREDIT(S)
(Added by Stats.1984, c. 1162, § 6; Stats.1984, c. 1240, § 2.)
§ 2071. Guidelines; petition for listing or delisting species
The commission shall adopt guidelines by which an interested person may petition the commission to add a species to, or to remove a species from either the list of endangered or the list of threatened species.
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(Added by Stats.1984, c. 1162, § 6.)
§ 2071.5. Criteria for determining if species endangered or threatened
The department shall recommend, and the commission shall adopt, criteria for determining if a species is endangered or threatened.
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(Added by Stats.1984, c. 1162, § 6.)
§ 2072. Petition; requirements
The petition shall be written, shall be clearly identified as a petition, and shall clearly indicate the administrative measure recommended.
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(Added by Stats.1984, c. 1162, § 6.)
§ 2072.3. Petition; contents
To be accepted, a petition shall, at a minimum, include sufficient scientific information that a petitioned action may be warranted. Petitions shall include information regarding the population trend, range, distribution, abundance, and life history of a species, the factors affecting the ability of the population to survive and reproduce, the degree and immediacy of the threat, the impact of existing management efforts, suggestions for future management, and the availability and sources of information. The petition shall also include information regarding the kind of habitat necessary for species survival, a detailed distribution map, and any other factors that the petitioner deems relevant.
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(Added by Stats.1984, c. 1162, § 6.)
§ 2072.7. Recommendation for listing or delisting species
The department may, in the absence of a petition from an interested party, recommend to the commission that it add a species to, or remove a species from, either the list of endangered species or the list of threatened species. If it makes a recommendation under this section, the department shall include the information specified in Section 2072.3. A department recommendation under this section shall be considered by the commission as a petition with a departmental recommendation to accept and consider as described in subdivision (b) of Section 2073.5, and is subject to Sections 2074 to 2079, inclusive.
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(Added by Stats.1984, c. 1162, § 6.)
§ 2073. Reference of petition to department; time
Within 10 days of the receipt of a petition from an interested person under Section 2072.3, the commission shall refer the petition to the department.
CREDIT(S)
(Added by Stats.1984, c. 1162, § 6.)
§ 2073.3. Notice of receipt of petition; requisites
(a) The commission shall publish a notice in the California Regulatory Notice Register of the receipt of a petition prepared pursuant to Section 2072.3 by the department, or by an interested party and referred to the department, pursuant to Section 2073, or the commencement of an evaluation, to add a species to, remove a species from, or change the status of a species on, the list of endangered species or the list of threatened species pursuant to Section 2072.7. At a minimum, the notice shall include all of the following:
(1) The scientific and common name of the species.
(2) Habitat type, if that information is available in the petition.
(3) The location where interested persons can submit information to the department relating to the petitioned species.
(b) The commission shall notify interested persons pursuant to Section 2078, by mail, of the notices prepared pursuant to subdivision (a), and shall mail a copy of the notice to those persons.
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(Added by Stats.1991, c. 974 (S.B.403), § 1. Amended by Stats.1997, c. 515 (A.B.605), § 1.)
§ 2073.4. Evaluation of petition; submission of additional information
(a) A person may submit information to the department relating to the petitioned species during the evaluation of the petition pursuant to Section 2073.5. The information shall relate to the matters identified in Section 2072.3.
(b) Within 10 days after receiving information pursuant to subdivision (a), the department shall notify the petitioner regarding its content.
CREDIT(S)
(Added by Stats.1997, c. 515 (A.B.605), § 2.)
§ 2073.5. Evaluation of petition; report; recommendations
(a) Within 90 days of receipt of the petition, the department shall evaluate the petition on its face and in relation to other relevant information the department possesses or receives, and submit to the commission its written evaluation report with one of the following recommendations to the commission:
(1) Based upon the information contained in the petition, there is not sufficient information to indicate that the petitioned action may be warranted, and the petition should be rejected.
(2) Based upon the information contained in the petition, there is sufficient information to indicate that the petitioned action may be warranted, and the petition should be accepted and considered.
(b) Upon the request of the director, the commission may grant the department an extension of time, not to exceed 30 days, to allow the department additional time to further analyze and evaluate the petition and complete its evaluation report.
(c) The department's evaluation report shall include copies of, or a list of, all information submitted to the department pursuant to subdivision (a) of Section 2073.4 during its evaluation of the petition. If copies are not included, the report shall state where the listed information is available for review.
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(Added by Stats.1984, c. 1162, § 6. Amended by Stats.1997, c. 515 (A.B.605), § 3.)
§ 2073.7. Amendment of petition
A petitioner may amend a petition at any time prior to the beginning of the meeting held by the commission pursuant to Section 2074.2. However, if the commission determines that the amendment is substantive, the commission shall resubmit the petition to the department for review pursuant to Section 2073.5, publish notice of the amendment pursuant to Section 2073.3, and renotice or continue any hearing scheduled pursuant to Section 2074 in order to provide adequate opportunity for public comment.
CREDIT(S)
(Added by Stats.1997, c. 515 (A.B.605), § 4.)
§ 2074. Petition; scheduling on meeting agenda; availability for review
The commission shall schedule the petition for consideration at its next available meeting, but not sooner than 30 days after receipt of the petition and public release of the evaluation report, and distribute its pending agenda to interested persons pursuant to Section 2078. The commission also shall make the petition, evaluation report, and other materials received available for review.
CREDIT(S)
(Added by Stats.1984, c. 1162, § 6. Amended by Stats.1997, c. 515 (A.B.605), § 5.)
§ 2074.2. Consideration of petition at meeting; findings; distribution
(a) At the scheduled meeting, the commission shall consider the petition, the department's written report, and comments received, and the commission shall make and enter in its public record one of the following findings:
(1) If the commission finds that the petition does not provide sufficient information to indicate that the petitioned action may be warranted, the commission shall publish a notice of finding that the petition is rejected, including the reasons why the petition is not sufficient.
(2) If the commission finds that the petition provides sufficient information to indicate that the petitioned action may be warranted, the commission shall publish a notice of finding that the petition is accepted for consideration. If the accepted petition recommends the addition of a species to either the list of endangered species or the list of threatened species, the commission shall include in the notice that the petitioned species is a candidate species. The commission shall maintain a list of species which are candidate species.
(b) The commission shall publish and distribute the findings relating to the petition pursuant to Section 2078.
CREDIT(S)
(Added by Stats.1984, c. 1162, § 6. Amended by Stats.1991, c. 974 (S.B.403), § 2.)
§ 2074.4. Consideration of petition; notification of affected and interested parties
If a petition is accepted by the commission for consideration, all reasonable attempts shall be made to notify affected and interested parties and to solicit data and comments on the petitioned action from as many persons as is practicable. In addition to commission efforts to provide notification through distribution of the commission agenda and minutes pursuant to Section 2078, the department shall immediately undertake efforts to notify affected and interested parties. Methods of notification may include, but are not limited to, correspondence, newspaper notices, and press releases, and notification shall include notice to owners of that land which may provide habitat essential to the continued existence of the species, unless the director determines that ownership is so widespread, fragmented, or complex as to make individual notice impractical.
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(Added by Stats.1984, c. 1162, § 6.)
§ 2074.6. Review of status of species; report
The department shall promptly commence a review of the status of the species concerned in the petition. Within 12 months of the date of publication of a notice of acceptance of a petition for consideration by the commission pursuant to paragraph (2) of subdivision (a) of Section 2074.2, the department shall provide a written report to the commission, based upon the best scientific information available to the department, which indicates whether the petitioned action is warranted, which includes a preliminary identification of the habitat that may be essential to the continued existence of the species, and which recommends management activities and other recommendations for recovery of the species.
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(Added by Stats.1984, c. 1162, § 6.)
§ 2074.8. Independent studies or assessment of species
Nothing in this article imposes any duty or obligation for, or otherwise requires, the commission or the department to undertake independent studies or other assessments of any species when reviewing a petition and its attendant documents and comments.
CREDIT(S)
(Added by Stats.1984, c. 1162, § 6.)
§ 2075. Scheduling petition for final consideration; availability of reports
The commission shall schedule the petition for final consideration at its next available meeting after receipt of the departmental report provided pursuant to Section 2074.6 and shall distribute the pending agenda for that meeting pursuant to Section 2078. The commission shall make the department's report, or copies thereof, which was provided, pursuant to Section 2074.6, available for review upon request.
CREDIT(S)
(Added by Stats.1984, c. 1162, § 6.)
§ 2075.5. Final consideration at meeting; findings
At the meeting scheduled pursuant to Section 2075, the commission shall make one of the following findings:
(1) The petitioned action is not warranted, in which case the finding shall be entered in the public records of the commission and the petitioned species shall be removed from the list of candidate species maintained pursuant to Section 2074.2.
(2) The petitioned action is warranted, in which case the commission shall publish a notice of that finding and a notice of proposed rulemaking pursuant to Section 11346.4 of the Government Code to add the species to, or remove the species from, the list of endangered species or the list of threatened species. Further proceedings of the commission on the petitioned action shall be made in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
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(Added by Stats.1984, c. 1162, § 6.)
§ 2076. Judicial review
Any finding pursuant to this section is subject to judicial review under Section 1094.5 of the Code of Civil Procedure.
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(Added by Stats.1984, c. 1162, § 6.)
§ 2076.5. Emergency regulation adding species to lists; notice
Notwithstanding Sections 2071 to 2075.5, inclusive, the commission may adopt a regulation which adds a species to the list of endangered species or to the list of threatened species as an emergency regulation pursuant to Article 1.5 (commencing with Section 240) to Chapter 2 of Division 1 if the commission finds that there is any emergency posing a significant threat to the continued existence of the species. The commission shall notify affected or interested persons of the adoption of such an emergency regulation pursuant to the methods described in Section 2074.4.
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(Added by Stats.1984, c. 1162, § 6.)
§ 2077. Periodic review of listed species; deadline for initial review; report
(a) The department shall review species listed as an endangered species or as a threatened species every five years to determine if the conditions that led to the original listing are still present. The review shall be conducted based on information which is consistent with the information specified in Section 2072.3 and which is the best scientific information available to the department. The review shall include a review of the identification of the habitat that may be essential to the continued existence of the species and the department's recommendations for management activities and other recommendations for recovery of the species. The department shall notify any person who has notified the commission, in writing with their address, of their interest, and the department may notify any other person.
(b) Review of species that are listed by both the commission and the United States Department of Interior will be conducted in conjunction with the five-year review process of the United States Department of Interior.
(c) Initial review of those species listed by the commission before January 1, 1982, that are not listed by the federal government shall be undertaken and completed by July 1, 1987. Initial review of those species listed by the commission after January 1, 1982, that are not listed by the federal government shall be undertaken and completed within five years of the date the species was originally listed by the commission.
(d) Notwithstanding any other provision of this section, the commission or the department may review a species at any time based upon a petition or upon other data available to the department and the commission.
(e) The department shall report in writing to the commission the results of its five-year review for each listed species. The commission shall treat any report of the department under this subdivision which contains a recommendation to add a species to, or remove a species from, the list of endangered species or the list of threatened species as a department recommendation submitted pursuant to Section 2072.7.
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(Added by Stats.1984, c. 1162, § 6.)
§ 2078. Distribution of agenda and minutes of action
(a) To provide all interested persons access to information and notification of pending listing or delisting actions, the commission shall distribute the related agenda of pending actions and those portions of its minutes of actions taken under this article to any individuals who have notified the commission, in writing with their address, of their interest. This notification shall be published in the California Regulatory Notice Register and shall meet the requirements of public notice as required for commission action under Section 2073.3, 2074, 2074.2, 2075, or 2077.
(b) The commission may impose an annual fee on those persons who request inclusion on the list to be notified in order to offset the cost of establishing and maintaining the list, and preparing and mailing the notices. Fees received pursuant to this section shall be deposited in the Fish and Game Preservation Fund.
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(Added by Stats.1984, c. 1162, § 6. Amended by Stats.1991, c. 974 (S.B.403), § 3.)
§ 2079. Report; summary of status of listed species; contents
The department shall, by January 30 of every third year, beginning January 30, 1986, prepare a report summarizing the status of all state listed endangered, threatened, and candidate species, and shall submit the report to the commission, the Legislature, the Governor, and all individuals who have notified the commission, in writing with their address, of their interest. This report shall include, but not be limited to, a listing of those species designated as endangered, threatened, and candidate species, a discussion of the current status of endangered, threatened, or candidate species, and the timeframes for the review of listed species pursuant to this article.
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(Added by Stats.1984, c. 1162, § 6. Amended by Stats.2001, c. 745 (S.B.1191), § 50, eff. Oct. 12, 2001.)
§ 2080. Offense; exceptions
No person shall import into this state, export out of this state, or take, possess, purchase, or sell within this state, any species, or any part or product thereof, that the commission determines to be an endangered species or a threatened species, or attempt any of those acts, except as otherwise provided in this chapter, the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of this code), or the California Desert Native Plants Act (Division 23 (commencing with Section 80001) of the Food and Agricultural Code).
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(Added by Stats.1984, c. 1240, § 2. Amended by Stats.1994, c. 1148 (A.B.2874), § 1.)
§ 2080.1. Incidental take statements or permits for endangered or threatened species; notice
(a) Notwithstanding any other provision of this chapter, or Chapter 10 (commencing with Section 1900) or Chapter 11 (commencing with Section 1925) of Division 2, but subject to subdivision (c), if any person obtains from the Secretary of the Interior or the Secretary of Commerce an incidental take statement pursuant to Section 1536 of Title 16 of the United States Code or an incidental take permit pursuant to Section 1539 of Title 16 of the United States Code that authorizes the taking of an endangered species or a threatened species that is listed pursuant to Section 1533 of Title 16 of the United States Code and that is an endangered species, threatened species, or a candidate species pursuant to this chapter, no further authorization or approval is necessary under this chapter for that person to take that endangered species, threatened species, or candidate species identified in, and in accordance with, the incidental take statement or incidental take permit, if that person does both of the following:
(1) Notifies the director in writing that the person has received an incidental take statement or an incidental take permit issued pursuant to the federal Endangered Species Act of 1973 (16 U.S.C.A. Sec. 1531 et seq.).
(2) Includes in the notice to the director a copy of the incidental take statement or incidental take permit.
(b) Upon receipt of the notice specified in paragraph (1) of subdivision (a), the director shall immediately have published in the General Public Interest section of the California Regulatory Notice Register the receipt of that notice.
(c) Within 30 days after the director has received the notice described in subdivision (a) that an incidental take statement or an incidental take permit has been issued pursuant to the federal Endangered Species Act of 1973, the director shall determine whether the incidental take statement or incidental take permit is consistent with this chapter. If the director determines within that 30-day period, based upon substantial evidence, that the incidental take statement or incidental take permit is not consistent with this chapter, then the taking of that species may only be authorized pursuant to this chapter.
(d) The director shall immediately publish the determination pursuant to subdivision (c) in the General Public Interest section of the California Regulatory Notice Register.
(e) Unless deleted or extended by a later enacted statute that is chaptered before the date this section is repealed, this section shall remain in effect only until, and is repealed on, the effective date of an amendment to Section 1536 or Section 1539 of Title 16 of the United States Code that alters the requirements for issuing an incidental take statement or an incidental take permit, as applicable.
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(Added by Stats.1997, c. 508 (A.B.21), § 1.)
REPEAL
<This section is repealed upon an amendment to 16 U.S.C.A. §§ 1536 or 1539 which alters the requirements for issuing an incidental take statement or an incidental take permit.>
§ 2081. Authorization of acts prohibited by § 2080; taking of endangered, threatened, and candidate species; permits; regulations
The department may authorize acts that are otherwise prohibited pursuant to Section 2080, as follows:
(a) Through permits or memorandums of understanding, the department may authorize individuals, public agencies, universities, zoological gardens, and scientific or educational institutions, to import, export, take, or possess any endangered species, threatened species, or candidate species for scientific, educational, or management purposes.
(b) The department may authorize, by permit, the take of endangered species, threatened species, and candidate species if all of the following conditions are met:
(1) The take is incidental to an otherwise lawful activity.
(2) The impacts of the authorized take shall be minimized and fully mitigated. The measures required to meet this obligation shall be roughly proportional in extent to the impact of the authorized taking on the species. Where various measures are available to meet this obligation, the measures required shall maintain the applicant's objectives to the greatest extent possible. All required measures shall be capable of successful implementation. For purposes of this section only, impacts of taking include all impacts on the species that result from any act that would cause the proposed taking.
(3) The permit is consistent with any regulations adopted pursuant to Sections 2112 and 2114.
(4) The applicant shall ensure adequate funding to implement the measures required by paragraph (2), and for monitoring compliance with, and effectiveness of, those measures.
(c) No permit may be issued pursuant to subdivision (b) if issuance of the permit would jeopardize the continued existence of the species. The department shall make this determination based on the best scientific and other information that is reasonably available, and shall include consideration of the species' capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of (1) known population trends; (2) known threats to the species; and (3) reasonably foreseeable impacts on the species from other related projects and activities.
(d) The department shall adopt regulations to aid in the implementation of subdivision (b) and the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, with respect to authorization of take. The department may seek certification pursuant to Section 21080.5 of the Public Resources Code to implement subdivision (b).
CREDIT(S)
(Added by Stats.1984, c. 1240, § 2. Amended by Stats.1997, c. 567 (S.B.879), § 2.)
§ 2081.1. Taking of endangered, threatened, or candidate species; authorization by department; permits, memoranda of understanding, plan, agreements
Nothing in this chapter or in any other provision of law prohibits the taking or the incidental taking of any endangered, threatened, or candidate species if the taking was authorized by the department through a permit or memorandum of understanding, or in a natural communities conservation plan, habitat conservation plan, habitat management plan, or other plan or agreement approved by or entered into by the department, or in an amendment to such a permit, memorandum of understanding, plan, or agreement and all of the following conditions are met:
(a) The application process commenced on or before April 10, 1997.
(b) The department approved the permit, memorandum of understanding, plan, agreement, or amendment thereto within either of the following timeframes:
(A) On or before April 10, 1997.
(B) Between April 10, 1997, and January 1, 1998, and the department also certifies that the permit, memorandum of understanding, plan, agreement, or amendment thereto meets the substantive criteria of subdivision (b) of Section 2081.
The permits, memoranda of understanding, plan, agreements, and amendments thereto described in this section are deemed to be in full force and effect, as of the date approved or entered into by the parties insofar as they authorize the take of species. This section does not apply to the "Emergency Management Measures Permit" issued by the department on March 15, 1995.
CREDIT(S)
(Added by Stats.1997, c. 567 (S.B.879), § 3.)
§ 2081.5. Surface mining operation; permit and memorandum compliance; criminal prosecution exemption for incidental taking; plant species notification; memorandum of understanding; fees
If an ongoing surface mining operation has been issued a permit pursuant to Section 2770 of the Public Resources Code by the lead agency, as defined in Section 2728 of the Public Resources Code, is in compliance with the permit with regard to matters relating to plants, and is in compliance with any memorandum of understanding with the department for any of the purposes specified in Section 2081 of this code, the following provisions shall apply:
(a) The surface mining operator is not liable for criminal prosecution pursuant to this code for any take of a threatened or endangered plant species that is incidental to the surface mining operation.
(b) If a plant species that exists on the private property of the surface mining operator is added to the list of threatened species or endangered species pursuant to this chapter after the date that the operator was issued the permit, or if a plant species on the list of threatened species or endangered species adopted pursuant to this chapter is newly discovered on the private property of the operator after that date, the department shall notify the operator by mail within 14 days of the addition to the list or knowledge of the new discovery by the department. Within 30 days from the date of the notification, the department shall meet with the operator to discuss an interim and permanent plan for the protection of the newly added or newly discovered plant species. Within 60 days of the initial meeting with the operator, the department shall issue reasonable and feasible interim management measures required to protect the newly added or newly discovered plant species that take into account the economic impact on the surface mining operation. The department shall work with the operator to develop and finalize a reasonable memorandum of understanding for one of the purposes specified in Section 2081 for the protection of the newly added or newly discovered plant species as expeditiously as possible. Both the interim management measures and the final memorandum of understanding shall, to the extent feasible, avoid interference with ongoing surface mining operations. The department shall send a copy of the final memorandum of understanding to the lead agency that issued the permit to the operator for the lead agency's information.
(c) The surface mining operator shall pay a fee to the department in the amount the department determines is necessary to pay the department's actual costs incurred in preparing interim management measures and developing and finalizing a memorandum of understanding for the protection of the newly added or newly discovered plant species. The fees shall be deposited in the Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account in the Fish and Game Preservation Fund and, notwithstanding Section 13340 of the Government Code, are continuously appropriated to the department for purposes of implementing this section.
CREDIT(S)
(Added by Stats.1994, c. 1148 (A.B.2874), § 2.)
§ 2081.7. Authorization to take species resulting from impacts attributable to implementation of Quantification Settlement Agreement on enumerated water or land; other conditions with respect to Agreement
(a) Notwithstanding Sections 3511, 4700, 5050, and 5515, and contingent upon the fulfillment of the conditions listed in subdivisions (b), (c), and (d), the department may authorize, under Chapter 1.5 (commencing with Section 2050) or Chapter 10 (commencing with Section 2800), the take of species resulting from impacts attributable to the implementation of the Quantification Settlement Agreement, as defined in subdivision (a) of Section 1 of Chapter 617 of the Statutes of 2002, on all of the following:
(1) The salinity, elevation, shoreline habitat, or water quality of the Salton Sea.
(2) The quantity and quality of water flowing in the All American Canal, the Coachella Canal, the Imperial Valley and Coachella Valley drains, the New and Alamo Rivers, the Coachella Valley Stormwater Channel, and the habitat sustained by those flows.
(3) Agricultural lands in the Imperial Valley.
(4) The quantity and quality of water flowing in the Colorado River, the habitat sustained by those flows, and the collection of that water for delivery to authorized users.
(b) The Quantification Settlement Agreement is executed by the appropriate parties on or before October 12, 2003.
(c) The department has determined that the appropriate agreements have been executed to address environmental impacts at the Salton Sea that include enforceable commitments requiring all of the following:
(1) Imperial Irrigation District to transfer 800,000 acre-feet of conserved water, by conservation methods selected by the Imperial Irrigation District, to the Department of Water Resources on a mutually agreed-upon schedule in exchange for payment of one hundred seventy-five dollars ($175) per acre-foot. The price shall be adjusted for inflation on an annual basis.
(2) Imperial Irrigation District to transfer up to 800,000 additional acre-feet of conserved water, by conservation methods selected by the Imperial Irrigation District, to the Department of Water Resources during the first 15 years of the Quantification Settlement Agreement on the schedule established for the mitigation water that was previously to be transferred to the San Diego Water Authority, or on a mutually agreed-upon schedule, at no cost for the water in addition to the payment for the water from the mitigation fund described in paragraph (1) of subdivision (b) of Section 3 of Chapter 613 of the Statutes of 2003.
(3) As a condition to acquisition of the water described in paragraph (1), the Department of Water Resources shall be responsible for any environmental impacts, including Salton Sea salinity, related to use or transfer of that water. As a condition to acquisition of the water described in paragraph (2), the Department of Water Resources shall be responsible for environmental impacts related to Salton Sea salinity that are related to the use or transfer of that water.
(4) The Metropolitan Water District of Southern California (MWD) to purchase up to 1.6 million acre-feet of the water provided in accordance with paragraphs (1) and (2) from the Department of Water Resources at a price of not less than two hundred fifty dollars ($250) per acre-foot on a mutually agreed-upon schedule. The price shall be adjusted for inflation on an annual basis. The Department of Water Resources shall deposit all proceeds from the sale of water pursuant to this paragraph, after deducting costs and reasonable administrative expenses, into the Salton Sea Restoration Fund established in Section 2932.
(5) The Metropolitan Water District of Southern California to pay not less than twenty dollars ($20) per acre-foot for all special surplus water received by MWD as a result of reinstatement of access to that water under the Interim Surplus Guidelines by the United States Department of Interior subtracting any water delivered to Arizona as a result of a shortage. The money shall be paid into the Salton Sea Restoration Fund. The price shall be adjusted for inflation on an annual basis. Metropolitan Water District of Southern California shall receive a credit against future mitigation obligations under the Lower Colorado River Multi-Species Conservation Plan for any funds provided under this paragraph to the extent that those funds are spent on projects that contribute to the conservation or mitigation for species identified in the Lower Colorado River Multi-Species Conservation Plan and that are consistent with the preferred alternative for Salton Sea restoration.
(6) Coachella Valley Water District, Imperial Irrigation District, and San Diego County Water Authority to pay a total of thirty million dollars ($30,000,000) to the Salton Sea Restoration Fund as provided in paragraph (2) of subdivision (b) of Section 3 of Chapter 613 of the Statutes of 2003.
(d) All of the following conditions are met:
(1) The requirements of subdivision (b) and (c) of Section 2081 are satisfied as to the species for which take is authorized.
(2) The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of an adaptive management process for monitoring the effectiveness of, and adjusting as necessary, the measures to minimize and fully mitigate the impacts of the authorized take. The adjusted measures are subject to Section 2052.1.
(3) The take authorization provides for the development and implementation in cooperation with state and federal agencies of an adaptive management process that substantially contributes to the long-term conservation of the species for which take is authorized. Preparation of the adaptive management program and implementation of the program is the responsibility of the department. The department's obligation to prepare and implement the adaptive management program is conditioned upon the availability of funds pursuant to the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002, if it is approved by the voters at the statewide general election to be held November 5, 2002 (Proposition 50), or other funds that may be appropriated by the Legislature or approved by the voters for that purpose. The failure to appropriate funds does not relieve the applicant of the obligations of paragraphs (1) and (2). However, the applicant shall not be required to fund any program pursuant to this paragraph.
(4) The requirements of paragraph (1) may be satisfied if the take is authorized under Chapter 10 (commencing with Section 2800).
(e)(1) The Secretary of the Resources Agency, in consultation with the department, the Department of Water Resources, the Salton Sea Authority, appropriate air quality districts, and the Salton Sea Advisory Committee, shall undertake a restoration study to determine a preferred alternative for the restoration of the Salton Sea ecosystem and the protection of wildlife dependent on that ecosystem. The Secretary of the Resources Agency shall extend an invitation to the United States Geological Survey Salton Sea Science Office to also participate in the restoration study, and the office may participate if it accepts the invitation. The restoration study shall be conducted pursuant to a process with deadlines for release of the report and programmatic environmental documents established by the secretary, in consultation with the department, the Department of Water Resources, the Salton Sea Authority, and the Salton Sea Advisory Committee, and the United States Geological Survey Salton Sea Science Office, if it is a participant. The secretary shall use all available authority to enter into a memorandum of understanding (MOU) with the Secretary of the Interior, as provided in Section 101(b)(1)(B)(i) of the Salton Sea Reclamation Act of 1998 (P.L. 105- 372) for the purpose of obtaining federal participation in the restoration of the Salton Sea.
(2) The restoration study shall establish all of the following:
(A) An evaluation of alternatives for the restoration of the Salton Sea that includes consideration of strategies for salinity control, habitation creation and restoration, and different shoreline elevations and surface area configurations. The alternatives shall consider the range of possible inflow conditions. The evaluation established pursuant to this subparagraph shall also include suggested criteria for selecting and evaluating alternatives consistent with Chapter 13 (commencing with Section 2930), including, but not limited to, at least one most cost-effective, technically feasible, alternative.
(B) An evaluation of the magnitude and practicability of costs of construction, operation, and maintenance of each alternative evaluated.
(C) A recommended plan for the use or transfer of water provided by paragraph (2) of subdivision (c). No water may be transferred pursuant to that subdivision unless the secretary finds that transfer is consistent with the preferred alternative for Salton Sea restoration.
(D) The selection of a preferred alternative consistent with Section 2931, including a proposed funding plan to implement the preferred alternative. The proposed funding plan shall include a determination of the moneys that are, or may be, available to construct and operate the preferred project, including, but not limited to, all of the following moneys:
(i) Moneys in the Salton Sea Restoration Fund established by Section 2932.
(ii) State water and environmental bond moneys.
(iii) Federal authorizations and appropriations.
(iv) Moneys available through a Salton Sea Infrastructure Financing District established pursuant to Section 53395.9 of the Government Code and local assessments by the Salton Sea Authority or its member agencies.
(v) Moneys derived from user or other fees.
(3) The study identifying the preferred alternative shall be submitted to the Legislature on or before December 31, 2006.
(4) The Secretary of the Resources Agency shall establish an advisory committee for purposes of this subdivision as follows:
(A) The advisory committee shall be selected to provide balanced representation of the following interests:
(i) Agriculture.
(ii) Local governments.
(iii) Conservation groups.
(iv) Tribal governments.
(v) Recreational users.
(vi) Water agencies.
(vii) Air pollution control districts.
(viii) Geothermal energy development.
(B) Appropriate federal agency representatives may be asked to serve in an ex officio capacity.
(C) The Resources Agency shall consult with the advisory committee throughout all stages of the alternative selection process.
(D) The advisory committee shall meet no fewer than six times annually.
(E) The secretary shall appoint a vice chair of the advisory committee from the committee membership. The vice chair shall work with the secretary to develop advisory committee agendas and to schedule meetings of the committee. The secretary and vice chair shall appoint an agenda subcommittee to assist in the preparation of advisory committee agendas.
(F) The advisory committee shall submit to the Resources Agency recommendations to assist the agency in preparation of its restoration plan. The Resources Agency shall develop a schedule for the completion of these recommendations to ensure that these recommendations will be considered by the agency in a timely and meaningful manner as the restoration plan is developed. These recommendations may include, but are not limited to:
(i) The specific goals and objectives of the restoration plan.
(ii) The range of alternative restoration actions that must be developed and analyzed.
(iii) The no action alternative.
(iv) The criteria for determining economic and technical feasibility of the alternatives.
(v) The range of options for funding the restoration plan.
(vi) The selection of a preferred alternative for a restoration plan.
(G) The Resources Agency shall periodically provide an update to the advisory committee of the current work plan and schedule for the development of the restoration plan.
(f) This section shall not be construed to exempt from any other provision of law the Quantification Settlement Agreement and the Agreement for Transfer of Conserved Water by and between the Imperial Irrigation District and the San Diego County Water Authority, dated April 29, 1998.
CREDIT(S)
(Added by Stats.2002, c. 617 (S.B.482), § 2. Amended by Stats.2003, c. 62 (S.B.600), § 95; Stats.2003, c. 612 (S.B.317), § 1; Stats.2004, c. 614 (S.B.1214), § 1.)
§ 2081.8. Necessary activities to assess protection of recreational opportunities
The Resources Agency shall undertake the necessary activities to assess the protection of recreational opportunities, including, but not limited to, hunting, fishing, boating, and birdwatching, and the creation of opportunities for improved local economic conditions, surrounding the Salton Sea. The Resources Agency shall not undertake any of those activities if the agency determines they would constitute a project purpose for environmental documentation that is prepared pursuant to Section 2081.7.
CREDIT(S)
(Added by Stats.2004, c. 614 (S.B.1214), § 2.)
§ 2082. Possession prior to listing; sales not prohibited
This chapter does not prohibit the sale of any endangered species or threatened species, or any part or product thereof, when the owner can demonstrate that the species, or part or product thereof, was in the person's possession before the date upon which the commission listed the species as an endangered species or threatened species or as an endangered animal or rare animal prior to January 1, 1985, and shall not prohibit the sale of that part or product by an individual not normally engaged in that sale if it was originally possessed by the seller for the seller's own use and so used by that seller. However, it shall be unlawful to sell any species, or part or product thereof, if that sale would have been unlawful prior to the date upon which the commission added the species to the listing of endangered species or threatened species or to the listing of endangered animals or rare animals prior to January 1, 1985.
CREDIT(S)
(Added by Stats.1984, c. 1240, § 2.)
§ 2083. Application and scope of section; restrictions
This chapter does not apply to the taking of fish otherwise authorized pursuant to Part 3 (commencing with Section 7600) of Division 6 or to the possession of individual animals which were lawfully possessed before the commission listed the species as an endangered species or as a threatened species or as an endangered animal or rare animal prior to January 1, 1985.
CREDIT(S)
(Added by Stats.1984, c. 1240, § 2.)
§ 2084. Authorization of taking of listed candidate species
The commission may authorize, subject to terms and conditions it prescribes, the taking of any candidate species, or the taking of any fish by hook and line for sport that is listed as an endangered, threatened, or candidate species.
CREDIT(S)
(Added by Stats.1984, c. 1240, § 2.)
§ 2085. Application of article to candidate species; notice
The provisions of this article shall apply to any species designated as a candidate species under Section 2074.2 if notice has been given pursuant to Section 2074.4.
CREDIT(S)
(Added by Stats.1984, c. 1162, § 6.)
§ 2086. Habitat for threatened or endangered species; locally designated voluntary programs; regulations; takings incidental to agricultural activities; renewal of authorizations
(a) The department, in cooperation with the Department of Food and Agriculture, agricultural commissioners, extension agents, farmers, ranchers, and other agricultural experts, shall adopt regulations that authorize locally designed voluntary programs for routine and ongoing agricultural activities on farms or ranches that encourage habitat for candidate, threatened, and endangered species, and wildlife generally. Agricultural commissioners, extension agents, farmers, ranchers, or other agricultural experts, in cooperation with conservation groups, may propose such programs to the department. The department shall propose regulations for those programs not later than July 1, 1998.
(b) Programs authorized under subdivision (a) shall do all of the following:
(1) Include management practices that will, to the maximum extent practicable, avoid and minimize take of candidate, endangered, and threatened species, while encouraging the enhancement of habitat.
(2) Be supported by the best available scientific information for both agricultural and conservation practices.
(3) Be consistent with the policies and goals of this chapter.
(4) Be designed to provide sufficient flexibility to maximize participation and to gain the maximum wildlife benefits without compromising the economics of agricultural operations.
(5) Include terms and conditions to allow farmers or ranchers to cease participation in a program without penalty. The terms and conditions shall include reasonable measures to minimize take during withdrawal from the program.
(c) Any taking of candidate, threatened, or endangered species incidental to routine and ongoing agricultural activities that occurs while the management practices specified by paragraph (1) of subdivision (b) are followed, is not prohibited by this chapter.
(d)(1) The department shall automatically renew the authorization for these voluntary programs every five years, unless the Legislature amends or repeals this section in which case the program shall be revised to conform to this section.
(2) Commencing in 2000, and every five years thereafter, the department shall report to the appropriate policy committees of the Legislature regarding the effect of the programs. The department shall consult with the Department of Food and Agriculture in evaluating the programs and preparing the report. The report shall address factors such as the temporary and permanent acreage benefiting from the programs, include an estimate of the amount of land upon which routine and ongoing agricultural activities are conducted, provide examples of farmer and rancher cooperation, and include recommendations to improve the voluntary participation by farmers and ranchers.
(e) If the authorization for these programs is not renewed or is modified under subdivision (d), persons participating in the program shall be allowed to cease participating in the program in accordance with the terms and conditions specified in paragraph (5) of subdivision (b), without penalty.
CREDIT(S)
(Added by Stats.1997, c. 528 (S.B.231), § 1. Amended by Stats.2003, c. 62 (S.B.600), § 96.)
§ 2087. Accidental take resulting from acts occurring on farms or ranches
(a) Accidental take of candidate, threatened, or endangered species resulting from acts that occur on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter.
(b) This section shall remain in effect only until January 1, 2009, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2009, deletes or extends that date.
CREDIT(S)
(Added by Stats.2002, c. 32 (S.B.550), § 2.)
§ 2088. Fish species; timber harvesting; application of article
This article does not authorize the take of fish species and does not apply to timber harvesting governed by the State Board of Forestry. "Fish species" as used in this section means a member of the class Osteichthyes.
CREDIT(S)
(Added by Stats.1997, c. 528 (S.B.231), § 1.)
§ 2089. Routine and ongoing agricultural activities; regulations to define
Routine and ongoing agricultural activities shall be defined by the department by regulation and shall not include the conversion of agricultural land to a nonagricultural use.
CREDIT(S)
(Added by Stats.1997, c. 528 (S.B.231), § 1.)
§§ 2090 to 2097. Repealed by Stats.1993, c. 337 (A.B.426), § 1, operative Jan. 1, 1999
§ 2098. Source of funds
The department shall pay the costs of administration of this chapter from the Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account in the Fish and Game Preservation Fund.
CREDIT(S)
(Added by Stats.1984, c. 1162, § 6; Stats.1984, c. 1240, § 2.)
§ 2099. Repealed by Stats.2001, c. 745 (S.B.1191), § 51, eff. Oct. 12, 2001
§ 2100. Commission; members; staff
(a) The commission established pursuant to Section 2099 shall represent the full range of opinions and viewpoints regarding the protection of candidate, endangered, and threatened species and the regulatory taking of private property. The membership of the commission shall consist of equal numbers of persons meeting each of the following criteria:
(1) Persons who advocate the primacy of the market. This group shall include advocates of the free market philosophy and representatives of regulated industries and landowners, including the extractive industries.
(2) Persons who advocate that natural resources and endangered species are public trust resources, the protection of which should be regulated. This group shall include conservation biologists, environmental economists, historic preservationists, and others who advocate that the market should take full account of the claims of public trust values associated with protection of the public's natural heritage and the cost of environmental degradation.
(b) The California Research Bureau shall provide staffing for the commission.
CREDIT(S)
(Added by Stats.1996, c. 972 (A.B.137), § 2.)
§ 2105. Greater Sandhill crane; recovery strategy pilot program; objectives
The department shall develop and implement a recovery strategy pilot program for the Greater Sandhill crane (Grus canadensis tabida). The objective of this pilot program is the development of recovery strategies with the goal that the regulations or other protections for species listed pursuant to this chapter are not necessary.
CREDIT(S)
(Added by Stats.1996, c. 974 (A.B.350), § 1. Amended by Stats.1997, c. 522 (A.B.1280), § 2, eff. Sept. 29, 1997.)
REPEAL
<For repeal of Article 7 and application of repealing provisions to recovery strategies approved or implemented on or before repealing date, see Fish and Game Code § 2115.5.>
§ 2106. Coho salmon recovery strategy pilot program
(a) The department may develop and implement a recovery strategy pilot program for coho salmon.
(b) The department shall seek private and federal funding for implementation of the coho salmon recovery strategy pilot program. No additional state funds may be expended for the implementation of the program until the Legislature specifically appropriates funds for that purpose.
CREDIT(S)
(Added by Stats.1996, c. 974 (A.B.350), § 1. Amended by Stats.1997, c. 522 (A.B.1280), § 3, eff. Sept. 29, 1997; Stats.2003, c. 854 (S.B.216), § 1.)
OPERATIVE EFFECT
<Text of section operative upon the appropriation of funds pursuant to the terms of Fish and Game Code § 2115.>
§ 2106.5. Repealed by Stats.2003, c. 854 (S.B.216), § 2
§ 2107. Recovery strategy teams
(a) For each species identified pursuant to Sections 2105 and 2106, the department shall assemble a recovery strategy team consisting of, but not limited to, department personnel, other state agency personnel if found by the department to be appropriate, federal agency personnel to the extent permitted by federal law if found by the department to be appropriate, representatives of affected local governments, representatives of affected landowners, and representatives of environmental groups, as well as persons who possess scientific expertise.
(b) Each recovery team shall work collaboratively to aid the department in developing the recovery strategy for that species for which the recovery team is assembled.
(c) The department shall consider information from all persons likely to be affected by the implementation of a recovery strategy and from persons knowledgeable in those subject areas pertinent to the species' recovery in developing the recovery strategy for each species.
CREDIT(S)
(Added by Stats.1996, c. 974 (A.B.350), § 1. Amended by Stats.1997, c. 522 (A.B.1280), § 4, eff. Sept. 29, 1997.)
REPEAL
<For repeal of Article 7 and application of repealing provisions to recovery strategies approved or implemented on or before repealing date, see Fish and Game Code § 2115.5.>
§ 2109. Required information for recovery strategy for species
A recovery strategy for a species shall contain all of the following information:
(a) An explanation of scientific knowledge and assumptions regarding the biology, habitat requirements, and threats to the existence of the species.
(b) An explanation of interim and long-term recovery goals. The interim goals shall be specifically stated. The long-term goals may be specifically stated if the department determines that adequate information exists to reasonably identify long-term goals; if not, the strategy may contain general long-term goals that will be clarified as the recovery strategy is updated pursuant to subdivision (g).
(c) A range of alternative interim and long-term conservation and management goals and activities. The department shall report why it prefers the activities it recommends.
(d) An estimate of the time and costs required to meet the interim recovery goals for the species, including available or anticipated funding sources, and an initial projection of the time and costs associated with meeting final recovery goals. These costs shall include direct and indirect costs and public and private costs.
(e) A description of actions and recommendations, including voluntary incentives and objective criteria for delisting and deregulation, if applicable, that will be needed to minimize the adverse social and economic impacts of implementation of the recovery strategy and a discussion of the range of recovery alternatives considered in the strategy.
(f) A description of the following elements necessary to achieve the goals of the recovery strategy:
(1) The availability and use of public lands for the conservation, protection, restoration, and enhancement of the species.
(2) Methods of private and public cooperation.
(3) Procedures and programs for notice, education, research, monitoring, and strategy modification.
(g) The expected time necessary to meet the interim recovery goals and provisions and triggers for review and amendment of the strategy. If final recovery goals are not specifically stated, the strategy shall contain a timetable for an update of the plan to clarify the long-term goals.
(h) Objective measurable criteria by which to determine whether the goals and objectives of the recovery strategy are being met and procedures for recognition of successful recovery, including commercial use if appropriate, and downlisting or delisting, if applicable.
(i) An implementation schedule.
CREDIT(S)
(Added by Stats.1996, c. 974 (A.B.350), § 1. Amended by Stats.1997, c. 522 (A.B.1280), § 5, eff. Sept. 29, 1997; Stats.2003, c. 854 (S.B.216), § 3.)
REPEAL
<For repeal of Article 7 and application of repealing provisions to recovery strategies approved or implemented on or before repealing date, see Fish and Game Code § 2115.5.>
§ 2110. Recovery strategies containing specifications regarding allowable taking of species and guidelines for consultation; necessity of general policies to guide department's issuance of permit pursuant to § 2081
If the department determines, based on the best scientific evidence available, that the recovery strategy should also contain specifications regarding allowable taking of the species and guidelines for consultation, the recommended recovery strategy shall also contain general policies to guide the department's issuance of a permit pursuant to Section 2081. The general policies shall be consistent with the recommended recovery strategy.
CREDIT(S)
(Added by Stats.1996, c. 974 (A.B.350), § 1. Amended by Stats.1997, c. 147 (A.B.1279), § 1, eff. July 28, 1997; Stats.2003, c. 854 (S.B.216), § 4.)
REPEAL
<For repeal of Article 7 and application of repealing provisions to recovery strategies approved or implemented on or before repealing date, see Fish and Game Code § 2115.5.>
§ 2111. Hearing on recovery strategy; approval criteria
After the department submits the recovery strategy to the commission, the commission shall hold a public hearing to consider approval of the recovery strategy. The commission shall approve the recovery strategy if, considering all relevant evidence, the commission finds that the recovery strategy meets all of the following criteria:
(a) The recovery strategy would conserve, protect, restore, and enhance the species.
(b) The recovery strategy and implementation schedule are capable of being carried out in a scientifically, technologically, and economically reasonable manner.
(c) The recovery strategy is supported by the best available scientific data.
(d) The recovery strategy represents an equitable apportionment of both public and private and regulatory and nonregulatory obligations.
(e) The recovery strategy would recover a formerly commercially valuable species to a level of abundance that would permit commercial use of that species.
CREDIT(S)
(Added by Stats.1996, c. 974 (A.B.350), § 1. Amended by Stats.2003, c. 854 (S.B.216), § 5.)
REPEAL
<For repeal of Article 7 and application of repealing provisions to recovery strategies approved or implemented on or before repealing date, see Fish and Game Code § 2115.5.>
§ 2111.5. Strategy not approved; revision and resubmission of strategy
If the commission does not approve the recovery strategy pursuant to Section 2111 because it could not make all of the necessary findings, it shall specify why the required finding could not be made. If the commission determines that the strategy could be amended to address the issues identified by the commission, it may direct the department to revise the recovery strategy within six months and resubmit it to the commission.
CREDIT(S)
(Added by Stats.1996, c. 974 (A.B.350), § 1.)
REPEAL
<For repeal of Article 7 and application of repealing provisions to recovery strategies approved or implemented on or before repealing date, see Fish and Game Code § 2115.5.>
§ 2112. Takings for scientific, educational, or management purposes; implementation rules and guidelines
If a recovery strategy for one of the species identified pursuant to Section 2105 or 2106 includes policies to guide the department's issuance of memoranda of understanding pursuant to Section 2081 and the department's consultation procedures pursuant to Section 2090, the department shall develop and adopt rules and guidelines to implement those policies. The rules and guidelines shall be based upon the best available scientific evidence and shall be consistent with the recovery strategy adopted. The rules and guidelines may clearly specify conditions and circumstances under which the taking of a species listed as a threatened species or endangered species would be prohibited by the department, or, conversely, when it would not require a memorandum of understanding pursuant to Section 2081.
CREDIT(S)
(Added by Stats.1996, c. 974 (A.B.350), § 1. Amended by Stats.1997, c. 147 (A.B.1279), § 2, eff. July 28, 1997; Stats.1997, c. 522 (A.B.1280), § 6, eff. Sept. 29, 1997.)
REPEAL
<For repeal of Article 7 and application of repealing provisions to recovery strategies approved or implemented on or before repealing date, see Fish and Game Code § 2115.5.>
§ 2113. Implementation status and progress; reports
After approval of a recovery strategy by the commission, the department shall consult with the recovery strategy team assembled for that species pursuant to Section 2107 and report to the commission on an annual basis on the status and progress of the implementation of the recovery strategy. The strategy shall be the basis for the species reviews pursuant to Section 2077.
CREDIT(S)
(Added by Stats.1996, c. 974 (A.B.350), § 1.)
REPEAL
<For repeal of Article 7 and application of repealing provisions to recovery strategies approved or implemented on or before repealing date, see Fish and Game Code § 2115.5.>
§ 2114. Endangered species list; strategies prepared prior to, or in conjunction with, additions to list; rulemaking
If the commission elects to authorize the preparation of a recovery strategy prior to or in conjunction with a decision to add a species to a list pursuant to Section 2075.5, the required rulemaking pursuant to subdivision (b) of that section shall be delayed not more than one year, which the commission may extend for not more than an additional six months, until a final determination is made on the recovery strategy. The rulemaking proceedings shall include all policies, rules, or guidelines adopted pursuant to Sections 2111 and 2112 and shall consider the recovery strategy and information received in its development and adoption. The recovery strategy itself shall have no regulatory significance, shall not be considered to be a regulation for any purpose, including the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code, and is not a regulatory action or document.
CREDIT(S)
(Added by Stats.1996, c. 974 (A.B.350), § 1.)
REPEAL
<For repeal of Article 7 and application of repealing provisions to recovery strategies approved or implemented on or before repealing date, see Fish and Game Code § 2115.5.>
§ 2115. Appropriations
The two hundred thousand dollars ($200,000) appropriated in the Budget Act of 1997 for the purposes of this article shall be used for the Greater Sandhill crane. Any money that is not used to develop a recovery plan for that species may be used by the department to implement the recovery plan for that species. Section 2098 does not apply to any costs relating to this article.
CREDIT(S)
(Added by Stats.1996, c. 974 (A.B.350), § 1. Amended by Stats.1997, c. 522 (A.B.1280), § 7, eff. Sept. 29, 1997; Stats.2007, c. 285 (A.B.1729), § 29.)
REPEAL
<For repeal of Article 7 and application of repealing provisions to recovery strategies approved or implemented on or before repealing date, see Fish and Game Code § 2115.5.>
§ 2115.5. Duration of article; application of repeal to recovery strategies
This article shall remain in effect only until January 1, 2009, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2009, deletes or extends that date. However, this section does not apply to a recovery strategy that is approved or implemented pursuant to this article on or before January 1, 2009, and those recovery strategies, and any permits or memoranda of understanding relating thereto, shall remain effective as if this article had not been repealed.
CREDIT(S)
(Formerly § 2116, added by Stats.1996, c. 974 (A.B.350), § 1. Renumbered § 2115.5 and amended by Stats.2003, c. 854 (S.B. 216), § 6.)
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