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 2081.15.

2081.15. (a) Notwithstanding Sections 3511, 4700, 5050, and 5515, and subject to the requirements set forth in subdivisions (c) to (g), inclusive, the department may authorize under this chapter by permit the take of species listed in subdivision (b) of Section 3511, subdivision (b) of Section 4700, subdivision (b) of Section 5050, and subdivision (b) of Section 5515 resulting from impacts attributable to the implementation of the projects identified in subdivision (b) if all of the following conditions are satisfied:
(1) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied as to the species for which take is authorized.
(2) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 and take is avoided to the maximum extent possible as to the species for which take is authorized are incorporated into each project.
(3) The take authorization permit provides for the development and implementation, in cooperation with the department, and federal and state agencies, as applicable, of a monitoring program and an adaptive management plan, approved by the department, that satisfy the conservation standard of subdivision (d) of Section 2805 for monitoring the effectiveness of, and amending, as necessary, the measures to minimize and fully mitigate the impacts of the authorized take.
(4) The applicant pays a permit application fee consistent with Section 2081.2.
(b) Projects or categories of projects eligible for a take authorization permit pursuant to this section are limited to all of the following:
(1) A maintenance, repair, or improvement project to the State Water Project, including existing infrastructure, undertaken by the Department of Water Resources.
(2) A maintenance, repair, or improvement project to critical regional or local water agency infrastructure.
(3) A transportation project, including any associated habitat connectivity and wildlife crossing project, undertaken by a state, regional, or local agency, that does not increase highway or street capacity for automobile or truck travel.
(4) A wind project and any appurtenant infrastructure improvement, and any associated electric transmission project carrying electric power from a facility that is located in the state to a point of junction with any California-based balancing authority.
(5) A solar photovoltaic project and any appurtenant infrastructure improvement, and any associated electric transmission project carrying electric power from a facility that is located in the state to a point of junction with any California-based balancing authority.
(c) A permit issued pursuant to subdivision (a) shall cover any incidental take of a species for which take is authorized that may occur in the course of implementing mitigation or conservation actions required in the permit.
(d) The permit conditions are subject to amendment when required by the monitoring program and adaptive management plan adopted pursuant to paragraph (3) of subdivision (a).
(e) (1) This section does not apply to the design or construction of through-delta water conveyances in the Sacramento-San Joaquin Delta.
(2) This section does not apply to the design or construction of ocean desalination projects.
(f) This section shall not be construed to exempt the projects or categories of projects identified in paragraphs (1) to (5), inclusive, of subdivision (b) from any other law.
(g) (1) The department shall not issue new take authorization permits pursuant to this section on or after December 31, 2033.
(2) Take authorization permits issued pursuant to this section before December 31, 2033, shall continue to remain in effect.
(h) The department shall develop a plan on or before July 1, 2024, to assess the population status of each fully protected species. The plan shall include recommendations to the Legislature for resources necessary to determine the scientific status of each fully protected species.
(i) On or before July 1, 2025, and annually thereafter, the department shall prepare and submit a report to the relevant policy and budget committees of the Legislature regarding the implementation of this section. The report shall include, at a minimum, all of the following information:
(1) For each individual permit issued to take a fully protected species pursuant to this section, all of the following information:
(A) The type and location of the project for which the permit was issued, including the county in which the project is located.
(B) The fully protected species at risk due to the project and any take of the fully protected species due to the project in the preceding calendar year.
(C) Actions taken to avoid, minimize, and fully mitigate the take of, and to conserve, the fully protected species.
(D) A description of the monitoring program, including observation frequency, and any adaptive management-driven modifications to the monitoring program in the preceding calendar year.
(2) The cost to the department of the implementation of this section in the preceding calendar year broken down by task.
(Added by Stats. 2023, Ch. 59, Sec. 2. (SB 147) Effective July 10, 2023.)