reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3 - Taking, Importation, Exportation, or Sale › Section 2080.3.

2080.3. (a) Notwithstanding any other provision of this chapter, if any person obtains from the Secretary of Commerce an enhancement of survival permit pursuant to Section 1539(a)(1)(A) of Title 16 of the United States Code that authorizes the taking of spring run Chinook salmon (Oncorhynchus tshawytscha) in order to establish or maintain an experimental population in the San Joaquin River pursuant to subsection (j) of that section and the San Joaquin River Restoration Settlement Act (Part I of Subtitle A of Title X of Public Law 111-11), no further authorization or approval is necessary under this chapter for that person to take that species as identified in, and in accordance with, the enhancement of survival permit, if all of the following requirements are met:
(1) That person shall notify the director in writing that the person has received an enhancement of survival permit and include in the notification a copy of the permit.
(2) Upon receipt of the notice specified in paragraph (1), the director shall immediately have the notice published in the General Public Interest section of the California Regulatory Notice Register.
(3) Within 30 days after the director has received the notice specified in paragraph (1), the director shall determine whether the enhancement of survival permit will further the conservation of the species. As used in this paragraph, “conservation” has the same meaning as defined in Section 2061.
(4) The director shall immediately have the determination pursuant to paragraph (3) published in the General Public Interest section of the California Regulatory Notice Register.
(b) The timing and extent of a take authorization under this section shall be limited to the terms in the federal enhancement of survival permit and shall expire upon the expiration of the federal permit.
(c) This section shall remain in effect only until the effective date of an amendment to Section 1539 of Title 16 of the United States Code that alters the requirements for issuing an enhancement of survival permit, as applicable, and as of that date is repealed, unless a later enacted statute that is chaptered before the date this section is repealed deletes or extends that date.
(Amended by Stats. 2023, Ch. 132, Sec. 40. (AB 1760) Effective January 1, 2024. Repealed conditionally by its own provisions.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3 - Taking, Importation, Exportation, or Sale › Section 2080.4.

2080.4. (a) If a population of spring run Chinook salmon in the San Joaquin River is designated as an experimental population under subsection (j) of Section 1539 of Title 16 of the United States Code, no further authorization or approval is necessary under this chapter for any person to incidentally take members of that experimental population, if all of the following requirements are met:
(1) The Secretary of Commerce has published regulations in the Federal Register specifying management restrictions, protective measures, prohibitions, and exceptions to the prohibitions for the designated experimental population of spring run Chinook salmon in the San Joaquin River.
(2) The director has determined, in writing, that the management restrictions, protective measures, prohibitions and exceptions to prohibitions contained in the regulations specified in paragraph (1) meet the requirements in subdivision (b).
(3) The action or activity that results in incidental take of the designated experimental population is authorized by the regulations published in the Federal Register.
(b) The director shall issue the determination described in paragraph (2) of subdivision (a), if the director finds that the federal regulations described in paragraph (1) of subdivision (a) meet all of the following criteria:
(1) The federal regulations will further the conservation of the spring run Chinook salmon. As used in this paragraph, “conservation” has the same meaning as defined in Section 2061.
(2) The federal regulations contain all reasonably feasible measures to avoid and minimize the impacts of any taking allowed by the regulation.
(3) The federal regulations will not jeopardize the continued existence or recovery of spring run Chinook salmon, and will not jeopardize the restoration of spring run Chinook salmon in the San Joaquin River.
(c) If the director determines that the federal regulations described in paragraph (1) of subdivision (a) are not consistent with this chapter, or if the action or activity that results in incidental take is not authorized in those federal regulations, then the incidental take of members of the designated experimental population may only be authorized pursuant to this chapter.
(d) The director shall publish the determination, pursuant to paragraph (2) of subdivision (a), and subdivision (b), in the General Public Interest section of the California Regulatory Notice Register.
(Added by Stats. 2010, Ch. 291, Sec. 3. (SB 1349) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3 - Taking, Importation, Exportation, or Sale › Section 2080.5.

2080.5. (a) Notwithstanding any other provision of this chapter, if any person obtains from the Secretary of Commerce or the Secretary of the Interior an enhancement of survival permit pursuant to Section 1539(a)(1)(A) 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 candidate species pursuant to this chapter in order to establish or maintain an experimental population, 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 enhancement of survival permit, if all of the following requirements are met:
(1) That person shall notify the director in writing that the person has received an enhancement of survival permit and include in the notification a copy of the permit.
(2) Upon receipt of the notice specified in paragraph (1), the director shall immediately have the notice published in the General Public Interest section of the California Regulatory Notice Register.
(3) Within 30 days after the director has received the notice specified in paragraph (1), the director determines the enhancement of survival permit will further the conservation of the species. As used in this paragraph, “conservation” has the same meaning as defined in Section 2061.
(4) The director shall immediately have the determination pursuant to paragraph (3) published in the General Public Interest section of the California Regulatory Notice Register.
(b) The timing and extent of a take authorization under this section shall be limited to the terms in the federal enhancement of survival permit and shall expire upon the expiration of the federal permit.
(c) (1) This section shall remain in effect only until the effective date of an amendment to Section 1539 of Title 16 of the United States Code that alters the requirements for issuing an enhancement of survival permit, as applicable, and as of that date is repealed.
(2) If the director becomes aware that this section has been repealed pursuant to this subdivision, the director shall notify the Legislature of that fact pursuant to Section 9795 of the Government Code.
(Added by Stats. 2017, Ch. 276, Sec. 1. (AB 1133) Effective January 1, 2018. Repealed on date prescribed by its own provisions.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3 - Taking, Importation, Exportation, or Sale › Section 2080.6.

2080.6. (a) For purposes of this chapter, “experimental population” means any population nonessential to the continued existence of an endangered, threatened, or candidate species, including any eggs, propagules, individuals, or offspring arising solely therefrom, that the Secretary of the Interior or the Secretary of Commerce designates as an experimental population pursuant to Section 1539(j) of Title 16 of the United States Code.
(b) If a population of a species is an experimental population, no further authorization or approval is necessary under this chapter for any person to incidentally take members of that experimental population, if all of the following requirements are met:
(1) The Secretary of the Interior or the Secretary of Commerce has published regulations in the Federal Register for the designated experimental population as required by Section 1539(j) of Title 16 of the United States Code.
(2) The director has determined, in writing, that the regulations specified in paragraph (1) meet the requirements in subdivision (c).
(3) The action or activity that results in incidental take of the designated experimental population is authorized by the regulations published in the Federal Register.
(c) The director shall issue the determination described in paragraph (2) of subdivision (b), if the director finds that the federal regulations described in paragraph (1) of subdivision (b) meet all of the following criteria:
(1) The federal regulations will further the conservation of the species. As used in this paragraph, “conservation” has the same meaning as defined in Section 2061.
(2) The federal regulations contain measures to avoid and minimize the impacts of any taking allowed by the regulation.
(3) The federal regulations will not jeopardize the continued existence or recovery of the species.
(d) If the director determines that the federal regulations described in paragraph (1) of subdivision (b) are not consistent with this chapter, or if the action or activity that results in incidental take is not authorized in those federal regulations, the incidental take of members of the designated experimental population may only be authorized pursuant to the other provisions of this chapter.
(e) The director shall publish the determination, pursuant to paragraph (2) of subdivision (b), and subdivision (d), in the General Public Interest section of the California Regulatory Notice Register.
(Added by Stats. 2017, Ch. 276, Sec. 2. (AB 1133) Effective January 1, 2018.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3 - Taking, Importation, Exportation, or Sale › Section 2080.7.

2080.7. It is the intent of the Legislature that, before the introduction of an experimental population, as defined in Section 2080.6, onto land or into waters of this state, the department should undertake appropriate public outreach, including public meetings, in an effort to inform the public about the proposed introduction of the experimental population and its potential effects, if any, on ongoing human activities. To the extent practicable, this public outreach should include inviting other public boards, departments, or agencies that may have a regulatory or other role regarding the experimental population to collaborate with the department. Nothing in this section shall be construed to modify any other law or legal obligation.
(Added by Stats. 2017, Ch. 276, Sec. 3. (AB 1133) Effective January 1, 2018.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3 - Taking, Importation, Exportation, or Sale › Section 2081.1.

2081.1. 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.
(Added by Stats. 1997, Ch. 567, Sec. 3. Effective January 1, 1998.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3 - Taking, Importation, Exportation, or Sale › Section 2081.4.

2081.4. (a) The department may authorize, under this chapter, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to replacing the Spring Creek Bridge in the County of Shasta, if all of the following conditions are satisfied:
(1) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the rough sculpin.
(2) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the project.
(3) The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of a monitoring program and an adaptive management process until the department determines that any impacts resulting from the replacement of the Spring Creek Bridge have been fully mitigated.
(b) This section shall not be construed to exempt the project described in subdivision (a) from any other law.
(Added by Stats. 2016, Ch. 293, Sec. 2. (AB 1845) Effective January 1, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3 - Taking, Importation, Exportation, or Sale › Section 2081.5.

2081.5. (a) The department may authorize under this chapter, by permit, the take of the Santa Cruz long-toed salamander (Ambystoma macrodactylum croceum) resulting from impacts attributable to the construction along the State Route 156 corridor through Moro Cojo Slough in the County of Monterey for the purpose of enhancing safety and access, if all of the following conditions are satisfied:
(1) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the Santa Cruz long-toed salamander.
(2) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the construction project.
(3) The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of a monitoring program and an adaptive management process until the department determines that any impacts resulting from the construction project described in this subdivision have been fully mitigated.
(b) The conditions for the permit are subject to amendment if required by the monitoring program and the adaptive management process adopted pursuant to paragraph (3) of subdivision (a).
(c) This section shall not be construed to exempt the construction project described in subdivision (a) from any other law.
(Added by Stats. 2020, Ch. 237, Sec. 1. (SB 1231) Effective January 1, 2021.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3 - Taking, Importation, Exportation, or Sale › Section 2081.6.

2081.6. (a) The department may authorize, under this chapter, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) resulting from impacts attributable to the habitat restoration project to restore, maintain, and improve riparian habitat on public lands in the geographic area defined in paragraph (1) and projects to restore the flow capacity to Bouquet Creek in Bouquet Canyon on public lands, undertaken by the Los Angeles County Department of Public Works, the Los Angeles Department of Water and Power, and the United States Department of Agriculture, Forest Service, if all of the following conditions are satisfied:
(1) The take authorization is limited to the portion of Bouquet Creek located from a position normal to mile marker 8.3 on Bouquet Canyon Road to a position normal to mile marker 16.3 on Bouquet Canyon Road, inclusive.
(2) The department has determined that the appropriate agreements have been executed to address environmental impacts at the Bouquet Canyon area, including, but not limited to, Bouquet Creek.
(3) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the unarmored threespine stickleback.
(4) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the projects.
(5) A biologist will be on duty whenever an activity is conducted that may affect the unarmored threespine stickleback.
(6) The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of a monitoring program and an adaptive management process that satisfy the conservation standard of subdivision (d) of Section 2805 for monitoring the effectiveness of, and adjusting, as necessary, the measures to minimize and fully mitigate the impacts of the authorized take.
(7) 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 unarmored threespine stickleback.
(b) This section shall not be construed to exempt the projects described in subdivision (a) from any other law.
(c) This section shall not be construed to affect the contractual obligations of the Los Angeles Department of Water and Power to provide water from Bouquet Reservoir.
(Added by Stats. 2015, Ch. 620, Sec. 2. (AB 353) Effective October 8, 2015.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3 - Taking, Importation, Exportation, or Sale › Section 2081.8.

2081.8. 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.
(Added by Stats. 2004, Ch. 614, Sec. 2. Effective January 1, 2005.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3 - Taking, Importation, Exportation, or Sale › Section 2081.11.

2081.11. (a) The department may authorize, under this chapter, the take or possession of the Lost River sucker (Deltistes luxatus and Catostomus luxatus) and shortnose sucker (Chasmistes brevirostris) resulting from impacts attributable to or otherwise related to the decommissioning and removal of the Iron Gate Dam, the Copco 1 Dam, the Copco 2 Dam, or the J.C. Boyle Dam, each located on the Klamath River, consistent with the Klamath Hydroelectric Settlement Agreement, if all of the following conditions are met:
(1) The department finds the authorized take will not jeopardize the continued existence of the Lost River sucker or shortnose sucker.
(2) The impacts of the authorized take are minimized.
(3) The take authorization requires department approval of a sampling, salvage, and relocation plan to be implemented and that describes the measures necessary to minimize the take of adult Lost River sucker and shortnose sucker associated with the department’s authorization. The plan shall provide for a sampling effort, the results of which will provide information used to make decisions and to implement the plan while utilizing the principles of adaptive management.
(b) This section shall not be construed to exempt the project described in subdivision (a) from any other law.
(Added by Stats. 2018, Ch. 586, Sec. 1. (AB 2640) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3 - Taking, Importation, Exportation, or Sale › Section 2081.12.

2081.12. (a) The department may authorize, under this chapter, by permit, the take or possession of the blunt-nosed leopard lizard (Gambelia sila) resulting from impacts attributable to or otherwise related to the Allensworth Community Services District’s drilling and construction of a new water well, connection of the new water well to the existing distribution system, and construction of a new water storage tank, if both of the following conditions are met:
(1) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the blunt-nosed leopard lizard.
(2) The take authorization provides for the development and implementation of a monitoring program and an adaptive management plan, approved by the department, for monitoring the effectiveness of, and adjusting as necessary, the measures to minimize and fully mitigate the impacts of the authorized take.
(b) The permit issued pursuant to subdivision (a) shall cover any incidental take of a blunt-nosed leopard lizard that may occur in the course of implementing mitigation or conservation actions required in the permit.
(c) The permit conditions are subject to amendment when required by the monitoring program and adaptive management plan adopted pursuant to paragraph (2) of subdivision (a).
(d) This section shall not be construed to exempt the projects described in subdivision (a) from any other law.
(Added by Stats. 2018, Ch. 224, Sec. 2. (SB 495) Effective August 27, 2018.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3 - Taking, Importation, Exportation, or Sale › Section 2082.

2082. 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.
(Added by Stats. 1984, Ch. 1240, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3 - Taking, Importation, Exportation, or Sale › Section 2083.

2083. 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.
(Added by Stats. 1984, Ch. 1240, Sec. 2.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3 - Taking, Importation, Exportation, or Sale › Section 2084.

2084. (a) The commission may authorize, subject to terms and conditions it prescribes, and based on the best available scientific information, (1) the taking of any candidate species, or (2) the taking of any fish by hook and line for sport that is listed as an endangered, threatened, or candidate species, provided that in either case the take is consistent with this chapter.
(b) The department may recommend to the commission that the commission authorize, or not authorize, the taking of an endangered, threatened, or candidate species pursuant to this section.
(Amended by Stats. 2018, Ch. 329, Sec. 14. (SB 473) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3 - Taking, Importation, Exportation, or Sale › Section 2085.

2085. 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.
(Added by Stats. 1984, Ch. 1162, Sec. 6.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3.5 - Incidental Take Associated with Routine and Ongoing Activities › Section 2087.

2087. (a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee of a farmer or rancher, or an individual otherwise contracted by a farmer or rancher that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter.
(b) (1) When an accidental take is known to occur under subdivision (a), the person shall report the take to the department within 10 days.
(2) The department shall conduct outreach to the extent feasible using existing channels to raise awareness of this reporting requirement within the agricultural community.
(c) For purposes of this section, “accidental” means unintended or unforeseen.
(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 447, Sec. 1. (AB 606) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3.5 - Incidental Take Associated with Routine and Ongoing Activities › Section 2088.

2088. 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.
(Added by Stats. 1997, Ch. 528, Sec. 1. Effective January 1, 1998.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3.5 - Incidental Take Associated with Routine and Ongoing Activities › Section 2089.

2089. 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.
(Added by Stats. 1997, Ch. 528, Sec. 1. Effective January 1, 1998.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3.7 - California State Safe Harbor Agreement Program Act › Section 2089.2.

2089.2. (a) This article shall be known and may be cited as the California State Safe Harbor Agreement Program Act.
(b) The Legislature finds that a key to the goals set forth in this article of conserving, protecting, restoring, and enhancing endangered, threatened, and candidate species, is their habitat. A significant portion of the state’s current and potential habitat for these species exists on property owned by private citizens, municipalities, tribes, and other nonfederal entities. Conservation efforts on these lands and waters are critical to help these declining species. Using a collaborative stewardship approach to these lands and waters will help ensure the success of these efforts.
(c) The purpose of this article is to establish a program that will encourage landowners to manage their lands voluntarily to benefit endangered, threatened, or candidate species, or declining or vulnerable species, and not be subject to additional regulatory restrictions as a result of their conservation efforts.
(d) This article does not relieve landowners of any legal obligation with respect to endangered, threatened, or candidate species existing on their land. The program established by this article is designed to increase species populations, create new habitats, and enhance existing habitats. Although this increase may be temporary or long term, California state safe harbor agreements shall not reduce the existing populations of species present at the time the baseline is established by the department.
(Amended by Stats. 2018, Ch. 329, Sec. 15. (SB 473) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3.7 - California State Safe Harbor Agreement Program Act › Section 2089.5.

2089.5. (a) The department shall, to the maximum extent practicable, prioritize the review of, and decision to approve, an agreement if the property proposed to be enrolled in the agreement is encumbered by a conservation easement that requires a permanent commitment to protect, restore, and maintain habitat conditions, provided that the department finds that practices consistent with the conservation easement can reasonably be expected to provide a net conservation benefit to the species listed in the application.
(b) If the property proposed to be enrolled in an agreement is subject to a conservation easement, the department, to the maximum extent practicable, shall rely on the conservation easement to fulfill the requirements of Section 2089.8.
(c) This section only applies to agreements where a majority of the property is forestland.
(Added by Stats. 2018, Ch. 329, Sec. 17. (SB 473) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3.7 - California State Safe Harbor Agreement Program Act › Section 2089.6.

2089.6. (a) In addition to the other provisions of this article, the department may authorize acts that are or may become otherwise prohibited pursuant to Section 2000, 2080, or 2085 through an agreement, including a programmatic agreement, if all the following conditions are met:
(1) The department receives a complete application containing all of the information described in Section 2089.8.
(2) The take is incidental to an otherwise lawful activity.
(3) The department finds that the implementation of the agreement is reasonably expected to provide a net conservation benefit to the species listed in the application. This finding shall be based, at a minimum, upon the determination that the agreement is of sufficient duration and has appropriate assurances to realize these benefits.
(4) The take authorized by the agreement will not jeopardize the continued existence of the species. This determination shall be made based on the provisions of subdivision (c) of Section 2081.
(5) The department finds that the landowner has agreed, to the maximum extent practicable, to avoid or minimize any incidental take authorized in the agreement, including returning to baseline.
(6) The department has established or approved a monitoring program, based upon objective scientific methodologies, to provide information for the department to evaluate the effectiveness and efficiency of the agreement program, including whether the net conservation benefits set forth in the agreement are being achieved and whether the participating landowner is implementing the provisions of the agreement.
(7) The department has determined that sufficient funding is ensured, for it or its contractors or agents, to determine baseline conditions on the property, and that there is sufficient funding for the landowner to carry out management actions and for monitoring for the duration of the agreement.
(8) Implementation of the agreement will not be in conflict with any existing department-approved conservation or recovery programs for the species covered by the agreement.
(b) If the species covered by an agreement is a declining or vulnerable species, and the species is subsequently listed as an endangered, threatened, or candidate species pursuant to this chapter, no further authorization or approval shall be required for take of the species in accordance with the agreement, regardless of the species’ change in status.
(Amended by Stats. 2018, Ch. 329, Sec. 18. (SB 473) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3.7 - California State Safe Harbor Agreement Program Act › Section 2089.7.

2089.7. The department may authorize the taking of the Owens pupfish in the Owens River watershed if the take is authorized under an agreement pursuant to this article.
(Added by Stats. 2016, Ch. 515, Sec. 1. (AB 2001) Effective January 1, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3.7 - California State Safe Harbor Agreement Program Act › Section 2089.8.

2089.8. The landowner shall submit all of the following:
(a) A detailed map depicting the land proposed to be enrolled in the agreement.
(b) The common and scientific names of the species for which the landowner requests incidental take authorization.
(c) A detailed description of the landowner’s current land and water use and management practices that affect the covered species, and the habitat of the covered species, for which the landowner requests incidental take authorization.
(d) A detailed description of the landowner’s future land and water use and management practices that may affect the covered species, and the habitat of the covered species, for which the landowner requests incidental take authorization. This description shall be used only for informational and planning purposes.
(e) The proposed duration of the agreement that is sufficient to provide a net conservation benefit to the species covered in the permit and an explanation of the basis for this conclusion.
(f) A detailed description of the proposed management actions and the timeframe for implementing them.
(g) A description of the possible incidental take that may be caused by the management actions and of the anticipated species populations and habitat changes over the duration of the permit.
(h) A detailed description of the proposed monitoring program.
(i) Any other information that the department may reasonably require in order to evaluate the application.
(Added by Stats. 2009, Ch. 184, Sec. 1. (SB 448) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3.7 - California State Safe Harbor Agreement Program Act › Section 2089.9.

2089.9. (a) As used in this section, “proprietary information” means information that is all of the following:
(1) Related to an agricultural operation or land that is a part of an agricultural operation.
(2) A trade secret, or commercial or financial information, that is privileged or confidential, and is identified as such by the person providing the information to the department.
(3) Not required to be disclosed under any other provision of law or any regulation affecting the land or the agricultural operation on the land.
(b) Proprietary information received by the department pursuant to Section 2089.8 is not public information, and the department shall not release or disclose the proprietary information to any person, including any federal, state, or local governmental agency, outside of the department.
(c) Notwithstanding subdivision (b), the department may release or disclose proprietary information received pursuant to Section 2089.8 to the following entities under the following circumstances:
(1) Any person or federal, state, or local governmental agency, to enforce this article.
(2) Any person or federal, state, or local governmental agency working in cooperation with the department to provide technical or financial assistance for the purposes of implementing the program established by this article.
(3) Any entity, to the extent that the owner, operator, or producer has consented to the release or disclosure.
(4) The general public, if the information has been transformed into a statistical or aggregate form without identifying any individual owner, operator, or producer, or the specific location from which the information was gathered.
(Added by Stats. 2009, Ch. 184, Sec. 1. (SB 448) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3.7 - California State Safe Harbor Agreement Program Act › Section 2089.10.

2089.10. If an agreement has been approved and the department finds that the agreement is being properly implemented, the department shall allow the landowner to alter or modify the enrolled property, even if that alteration or modification will result in the incidental take of a listed species, to the extent that the alteration or modification returns the species to baseline conditions.
(Added by Stats. 2009, Ch. 184, Sec. 1. (SB 448) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3.7 - California State Safe Harbor Agreement Program Act › Section 2089.12.

2089.12. (a) Unless the department determines that it is inappropriate to do so based on the nature of the management actions being proposed, the species listed in the permit, or other factors, the agreement shall require that the landowner provide the department with at least 60 days’ advance notice of any of the following:
(1) Any incidental take that is anticipated to occur under the agreement.
(2) The landowner’s plan to return to baseline at the end of the agreement.
(3) Any plan to transfer or alienate the landowner’s interest in the land or water.
(b) (1) If the department receives any notice described in subdivision (a), the landowner shall provide the department, its contractors, or agents with access to the land or water for purposes of safely removing or salvaging the species.
(2) The department shall provide notice to the landowner at least seven days prior to accessing the land or water for the purposes of paragraph (1). The notice shall identify each person selected by the department, its contractors, or agents to access the land or water.
(3) Notwithstanding paragraph (1), during the seven-day notice period, a landowner may object, in writing, to a person selected to access the land or water. If a landowner objects, another person shall be selected by the department, its contractors, or agents, and notification shall be provided to the landowner pursuant to paragraph (2). However, if a landowner objects to a selection on two successive occasions, the landowner shall be deemed to consent to access to the land or water by a person selected by the department, its contractors, or agents. Failure by a landowner to object to the selection within the seven-day notice period shall be deemed consent to access the land or water by a person selected by the department, its contractors, or agents.
(4) If the landowner objects to a person selected to access the land or water pursuant to paragraph (3), the 60-day notice period described in subdivision (a) shall be tolled for the period between the landowner’s objection to a person selected for access to the land or water and the landowner’s consent to a person selected for access to the land or water.
(Amended by Stats. 2010, Ch. 328, Sec. 66. (SB 1330) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3.7 - California State Safe Harbor Agreement Program Act › Section 2089.14.

2089.14. An agreement may be amended with the mutual consent of the landowner and the department.
(Added by Stats. 2009, Ch. 184, Sec. 1. (SB 448) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3.7 - California State Safe Harbor Agreement Program Act › Section 2089.16.

2089.16. If a landowner seeks to sell, transfer, or otherwise alienate the land or water enrolled in the agreement during the term of the agreement, the person or entity assuming that interest in the property shall (a) assume the existing landowner’s duties under the agreement, (b) enter into a new agreement with the department, or (c) withdraw from an existing agreement under the terms provided in the agreement, as approved by the department.
(Added by Stats. 2009, Ch. 184, Sec. 1. (SB 448) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3.7 - California State Safe Harbor Agreement Program Act › Section 2089.18.

2089.18. The suspension and revocation of the agreement shall be governed by suspension and revocation regulations adopted by the department.
(Added by Stats. 2009, Ch. 184, Sec. 1. (SB 448) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3.7 - California State Safe Harbor Agreement Program Act › Section 2089.22.

2089.22. (a) If a federal safe harbor agreement, or a federal candidate conservation agreement with assurances, has been approved pursuant to applicable provisions of federal law and the federal agreement contains species that are endangered, threatened, candidate, or declining or vulnerable species pursuant to this chapter, no further authorization or approval is necessary under this article for any person authorized by that federal agreement to take the species identified in and in accordance with the federal agreement, if that person and the department follow all of the procedures specified in Section 2080.1, except that the determination of consistency shall be made by the department based only on the issuance criteria contained in this article.
(b) Any authority pursuant to subdivision (a) to take species identified in a federal agreement shall terminate immediately upon the expiration or termination of the federal agreement.
(Amended by Stats. 2018, Ch. 329, Sec. 19. (SB 473) Effective January 1, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3.7 - California State Safe Harbor Agreement Program Act › Section 2089.23.

2089.23. (a) A landowner that owns land that abuts a property enrolled in a state safe harbor agreement shall not be required, for purposes of an incidental take permit, to undertake the management activities set forth in the state safe harbor agreement, if all of the following conditions are met:
(1) The neighboring landowner allows the department to determine baseline conditions on the property.
(2) The neighboring landowner agrees to maintain the baseline conditions for the duration specified in the safe harbor agreement.
(3) The department determines that allowing the neighboring landowner to receive an incidental take permit for the abutting property does not undermine the net conservation benefit determination made by the department in the approval of the safe harbor agreement.
(4) The take authorized by the department will not jeopardize the continued existence of the species. This determination shall be made in accordance with subdivision (c) of Section 2081.
(b) (1) Unless the department determines that it is inappropriate to do so based on the species listed in the permit, or any other factors, the neighboring landowner shall provide the department with at least 60 days’ advance notice of any of the following:
(A) Any incidental take that is anticipated to occur under the permit.
(B) The neighboring landowner’s plan to return to baseline conditions.
(C) Any plan to transfer or alienate the neighboring landowner’s interest in the land or water.
(2) (A) If the department receives any notice described in paragraph (1), the neighboring landowner shall provide the department, its contractors, or agents with access to the land or water for purposes of safely removing or salvaging the species.
(B) The department shall provide notice to the neighboring landowner at least seven days before accessing the land or water for the purposes of subparagraph (A). The notice shall identify each person selected by the department, its contractors, or agents to access the land or water.
(C) Notwithstanding subparagraph (B), during the seven-day notice period, the neighboring landowner may object, in writing, to a person selected to access the land or water. If the neighboring landowner objects, another person shall be selected by the department, its contractors, or agents, and notification shall be provided to the neighboring landowner pursuant to subparagraph (B). However, if the neighboring landowner objects to a selection on two successive occasions, the neighboring landowner shall be deemed to consent to access to the land or water by a person selected by the department, its contractors, or agents. Failure by the neighboring landowner to object to the selection within the seven-day notice period shall be deemed consent to access the land or water by the person selected by the department, its contractors, or agents.
(Amended by Stats. 2010, Ch. 328, Sec. 67. (SB 1330) Effective January 1, 2011.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3.7 - California State Safe Harbor Agreement Program Act › Section 2089.24.

2089.24. The department, for informational purposes, shall maintain a list of qualified persons who have worked with the department on an approved agreement, and persons, entities, and organizations serving as program administrators for approved agreements.
(Added by Stats. 2009, Ch. 184, Sec. 1. (SB 448) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 1.5 - Endangered Species › ARTICLE 3.7 - California State Safe Harbor Agreement Program Act › Section 2089.25.

2089.25. The department may promulgate regulations to implement this article.
(Added by Stats. 2009, Ch. 184, Sec. 1. (SB 448) Effective January 1, 2010.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 2 - Importation, Transportation, and Sheltering of Restricted Live Wild Animals › ARTICLE 1 - Generally › Section 2116.

2116. As used in this chapter, “wild animal” means any animal of the class Aves (birds), class Mammalia (mammals), class Amphibia (frogs, toads, salamanders), class Osteichtyes (bony fishes), class Monorhina (lampreys), class Reptilia (reptiles), class Crustacea (crayfish), or class Gastropoda (slugs, snails) which is not normally domesticated in this state as determined by the commission.
(Amended by Stats. 1974, Ch. 1503.)