California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 6 - Regulations for Implementation of the California Endangered Species Act and Native Plant Protection Act › Article 1 - Take Prohibition; Permits for Incidental Take of Endangered Species, Threatened Species and Candidate Species › Section 783.7 - Permit Suspension and Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Criteria for suspension. The privileges
					 of exercising some or all of the permit authority may be suspended at any time
					 if the permittee is not in compliance with the conditions of the permit. Any
					 action to suspend any privileges under an incidental take permit shall be
					 limited so as to address the discrete action or inaction that has resulted in
					 the suspension, to the extent consistent with the species protection purposes
					 of the permit.
(b) Criteria for
					 revocation. The Director may begin procedures to revoke a permit if the
					 permittee fails within 60 days of written notification pursuant to subsection
					 (c)(3) to correct deficiencies that were the cause of a permit suspension, or
					 if statutory enactments subsequent to the issuance of the permit prohibit the
					 continuation of the permit or the project or activity covered by the permit.
					 Any action to revoke any privileges under an incidental take permit shall be
					 limited so as to address the discrete action or inaction, or statutory
					 enactment, that has resulted in the revocation, to the extent consistent with
					 the species protection purposes of the permit.
(c) Procedure for suspension or revocation.
(1) When the Director believes there are
					 valid grounds for suspending or revoking a permit the permittee shall be
					 notified in writing of the proposed suspension or revocation by certified or
					 registered mail. In no case shall a proposed revocation notice be issued prior
					 to the 60 day period required by subsection (b). The notice shall identify the
					 permit to be suspended or revoked, the reason(s) for such suspension or
					 revocation, the actions necessary to correct the deficiencies, and inform the
					 permittee of the right to object to the proposed suspension or revocation. The
					 Department may amend any notice of suspension or revocation at any
					 time.
(2) Upon receipt of a notice
					 of proposed suspension or revocation the permittee may file a written objection
					 to the proposed action. Such objection must be in writing, must be filed within
					 45 calendar days of the date of the notice of proposal, must state the reasons
					 why the permittee objects to the proposed suspension or revocation, and may
					 include supporting documentation.
(3) A decision on the proposed suspension or
					 revocation shall be made within 45 days after the end of the objection period.
					 The Department shall notify the permittee in writing of the Director's decision
					 and the reasons therefor. The Department shall also provide the applicant with
					 the information concerning the right to request reconsideration of the decision
					 under section
					 783.8 of this article and the
					 procedures for requesting reconsideration. No permit may be revoked pursuant to
					 this section unless it has first been suspended pursuant to this section. The
					 permit shall remain valid and effective pending any final determination on
					 suspension under this subsection, except that a permit may be suspended
					 immediately if statutory enactments subsequent to the issuance of the permit
					 prohibit the continuation of the permit or the project or activity covered by
					 the permit.