reglab/statecodes huggingface dataset:
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 783.1 - Prohibitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No person shall
					 import into this State, export out of this State or take, possess, purchase, or
					 sell within this State, any endangered species, threatened species, or part or
					 product thereof, or attempt any of those acts, except as otherwise provided in
					 the California Endangered Species Act, Fish and Game Code Section
					 2050,
					 et seq. ("CESA"), the Native Plant Protection Act, the Natural Community
					 Conservation Planning Act, the California Desert Native Plants Act, or as
					 authorized under this article in an incidental take permit.
(b) Subsection (a) applies to any species
					 designated as a candidate species under Section
					 2074.2
					 of the Fish and Game Code if the Commission has issued notice under Section
					 2074.4.
(c) Department wildlife management
					 activities. The possession or take of endangered, threatened, or candidate
					 species by employees and agents of the Department for scientific, educational
					 and management purposes, and for law enforcement purposes, is not
					 prohibited.
(d) Take of insects.
					 The take of insects and other invertebrates that are not fish as defined in the
					 Fish and Game Code is not prohibited.
1. New
						section filed 12-30-98; operative 12-30-98 pursuant to Government Code section
						11343.4(d)
						(Register 99, No. 1).
Note: Authority cited: Sections
						  702,
						  1001,
						  2081(a)
						  and
						  2081(d),
						  Fish and Game Code. Reference: Sections
						  2080,
						  2085,
						  2062
						  and
						  2067,
						  Fish and Game Code.
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 783.2 - Incidental Take Permit Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Permit applications. Applications for
					 permits under this article must be submitted to the Regional Manager. Each
					 application must include all of the following:
(1) Applicant's full name, mailing address,
					 and telephone number(s). If the applicant is a corporation, firm, partnership,
					 association, institution, or public or private agency, the name and address of
					 the person responsible for the project or activity requiring the permit, the
					 president or principal officer, and the registered agent for the service of
					 process.
(2) The common and
					 scientific names of the species to be covered by the permit and the species'
					 status under CESA, including whether the species is the subject of rules and
					 guidelines pursuant to Section
					 2112 and Section
					 2114 of
					 the Fish and Game Code.
(3) A
					 complete description of the project or activity for which the permit is
					 sought.
(4) The location where the
					 project or activity is to occur or to be conducted.
(5) An analysis of whether and to what extent
					 the project or activity for which the permit is sought could result in the
					 taking of species to be covered by the permit.
(6) An analysis of the impacts of the
					 proposed taking on the species.
(7)
					 An analysis of whether issuance of the incidental take permit would jeopardize
					 the continued existence of a species. This analysis shall include consideration
					 of the species' capability to survive and reproduce, and any adverse impacts of
					 the taking on those abilities in light of (A) known population trends; (B)
					 known threats to the species; and (C) reasonably foreseeable impacts on the
					 species from other related projects and activities.
(8) Proposed measures to minimize and fully
					 mitigate the impacts of the proposed taking.
(9) A proposed plan to monitor compliance
					 with the minimization and mitigation measures and the effectiveness of the
					 measures.
(10) A description of the
					 funding source and the level of funding available for implementation of the
					 minimization and mitigation measures.
(11) Certification in the following language:
I certify that the information submitted in this
						application is complete and accurate to the best of my knowledge and belief. I
						understand that any false statement herein may subject me to suspension or
						revocation of this permit and to civil and criminal penalties under the laws of
						the State of California.
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 783.3 - Compliance with the California Environmental Quality Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Department as responsible agency. In
					 general, the Department will be a responsible agency for purposes of issuing an
					 incidental take permit where another public agency must approve the project or
					 activity for which the permit is sought and the other agency has taken the lead
					 agency role for purposes of compliance with the California Environmental
					 Quality Act, Public Resources Code section
					 21000,
					 et seq. ("CEQA"). Where the Department will be a responsible agency for
					 purposes of CEQA, the following must be included in the permit application
					 required by section
					 783.2:
(1) The name, address, telephone number and
					 contact person of the lead agency.
(2) A statement as to whether an
					 environmental impact report, negative declaration, mitigated negative
					 declaration, initial study has been prepared or is being considered, or whether
					 another document prepared pursuant to a regulatory program certified pursuant
					 to Public Resources Code section
					 21080.5
					 (and listed in title 14, California Code of Regulations, section
					 15251) has been prepared or is
					 being considered.
(3) At the option
					 of the applicant, a notice of preparation, notice of determination, or draft or
					 final environmental document may be attached.
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 783.4 - Incidental Take Permit Review Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Issuance criteria. If an application is
					 submitted in accordance with section
					 783.2 and section
					 783.3, the Director shall decide
					 whether or not an incidental take permit should be issued. A permit may only be
					 issued if the Director finds that:
(1) The
					 take authorized by the permit will be incidental to an otherwise lawful
					 activity.
(2) The applicant will
					 minimize and fully mitigate the impacts of the take authorized under the
					 permit. 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 will be
					 consistent with any regulations adopted pursuant to Fish and Game Code Sections
					 2112
					 and
					 2114.
(4) The applicant has ensured adequate
					 funding to implement the measures required under the permit to minimize and
					 fully mitigate the impacts of the taking, and to monitor compliance with, and
					 the effectiveness of, the measures.
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 783.6 - General Permit Conditions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following provisions apply to all permits issued
						under this article.
(a) Assignment or
					 transfer of permit.
(1) Except as provided in
					 subsection (a)(2) below, no incidental take permit shall be assigned or
					 transferred without the written consent of the Department, which shall not be
					 unreasonably withheld.
(2) With
					 written notice to the Department, any permit may be assigned or transferred
					 without the approval of the Department in the following circumstances:
(A) The sale, merger, annexation,
					 consolidation or other acquisition of an institutional, corporate or public
					 entity permit holder by another entity.
(B) The transfer of a permit from a natural
					 person to the institutional, corporate, or public employer of such
					 individual.
(C) As security for a
					 debt under the provision of any mortgage, deed of trust, indenture, bank credit
					 agreement, or similar instrument.
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 783.8 - Reconsideration and Appeal Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Request for reconsideration. Any person
					 may request reconsideration of an action under this article if that person is
					 one of the following:
(1) An applicant for
					 permit issuance, renewal or amendment who has received written notice of
					 denial;
(2) A permittee who has a
					 permit amended, suspended, or revoked; or
(3) A permittee who has a permit issued,
					 renewed, or amended but has not been granted authority by the permit to perform
					 all activities requested in the application; or the permit includes
					 minimization or mitigation measures other than those proposed by the
					 applicant.
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 2 - Take Incidental to Routine and Ongoing Agricultural Activities › Section 786.0 - Purposes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose of
					 this article is to encourage farmers and ranchers engaged in agricultural
					 activities to establish locally designed programs to voluntarily enhance and
					 maintain habitat for endangered and threatened species. These voluntary local
					 programs shall be suited to the particular circumstances of the local
					 agricultural area where each will be implemented.
(b) Upon approval of the voluntary local
					 program by the Department, any taking of candidate, threatened or endangered
					 non-fish species incidental to routine and ongoing agricultural activities is
					 not prohibited by the California Endangered Species Act, Division 3, Chapter
					 1.5 of the Fish and Game Code, provided that the take occurs on a farm or ranch
					 while implementing the management practices specified in the voluntary local
					 program.
(c) The voluntary local
					 programs authorized pursuant to this article shall provide sufficient
					 flexibility to maximize participation and to gain the maximum wildlife benefits
					 without compromising the economics of agricultural operations.
1. New
						article 2 (sections
						786.0-786.6) and section filed
						12-31-98; operative 12-31-98 pursuant to Government Code section
						11343.4(d)
						(Register 99, No. 1).
2. Amendment filed 8-28-2002; operative
						9-27-2002 (Register 2002, No. 35).
Note: Authority cited: Sections
						  702 and
						  2086,
						  Fish and Game Code. Reference: Sections
						  2062,
						  2067,
						  2068,
						  2080,
						  2086,
						  2088
						  and
						  2089,
						  Fish and Game Code.
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 2 - Take Incidental to Routine and Ongoing Agricultural Activities › Section 786.5 - Department Termination of a Voluntary Local Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Department terminates a voluntary local program
						because it no longer complies with section
						2086(b)
						of the Fish and Game Code, termination shall be conducted consistently with the
						terms and conditions established pursuant to section
						786.2(d)(9) of
						this article. Individual participants following the terms and conditions of
						withdrawal shall continue to receive take authorization until withdrawal has
						been completed.
1. New
						section filed 12-31-98; operative 12-31-98 pursuant to Government Code section
						11343.4(d)
						(Register 99, No. 1).
2. Renumbering of former section
						786.5 to new section
						786.7 and new section filed
						8-28-2002; operative 9-27-2002 (Register 2002, No.
						35).
Note: Authority cited: Sections
						  702 and
						  2086,
						  Fish and Game Code. Reference: Sections
						  2080
						  and
						  2086,
						  Fish and Game Code.
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 2 - Take Incidental to Routine and Ongoing Agricultural Activities › Section 786.6 - Take Authorization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any taking of candidate, threatened or endangered species
						incidental to routine and ongoing agricultural activities is not prohibited by
						Division 3, Chapter 1.5 of the Fish and Game Code if the take occurs while
						management practices in a voluntary local program authorized pursuant to this
						article are being followed, except that this section does not authorize the
						take of fish species that are a member of the class Osteichthyes. The
						Department recognizes that management practices, if successful, will increase
						the number of individuals of candidate, threatened and endangered species in
						proximity to farms and ranches as a result of management practices. This
						article is intended to protect farmers and ranchers from legal liability for
						take that may result from their voluntary participation in a voluntary local
						program.
1. New
						section filed 12-31-98; operative 12-31-98 pursuant to Government Code section
						11343.4(d)
						(Register 99, No. 1).
2. Renumbering of former section
						786.6 to new section
						786.8 and renumbering and
						amendment of former section
						786.4 to section
						786.6 filed 8-28-2002; operative
						9-27-2002 (Register 2002, No. 35).
Note: Authority cited: Sections
						  702 and
						  2086,
						  Fish and Game Code. Reference: Sections
						  2062,
						  2067,
						  2068,
						  2080,
						  2086(c)
						  and
						  2088,
						  Fish and Game Code.
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 2 - Take Incidental to Routine and Ongoing Agricultural Activities › Section 786.7 - Reports to the Legislature

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Beginning in 2000, and every five years thereafter, the Department shall submit
					 a written report to the appropriate policy committees of the Legislature
					 regarding the effects of voluntary local programs.
(b) The Department shall consult with the
					 Department of Food and Agriculture in evaluating the voluntary local programs
					 and preparing the report.
(c) The
					 report shall contain:
(1) A summary of
					 voluntary local programs currently established;
(2) An analysis of trends in temporary and
					 permanent acreage benefitting from the voluntary local programs, including an
					 estimate of the amount of land upon which routine and ongoing agricultural
					 activities are conducted;
(3)
					 Examples of farmer and rancher cooperation in designing and implementing the
					 voluntary local programs; and
(4)
					 Recommendations to improve voluntary participation by farmers and
					 ranchers.
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 2 - Take Incidental to Routine and Ongoing Agricultural Activities › Section 786.8 - Construction with Other Statutes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nothing in this Article precludes the Department from
						authorizing agricultural conservation programs pursuant to other provisions in
						Division 3, Chapter 1.5 of the Fish and Game Code. Take that occurs incidental
						to farm or ranch operations may independently be authorized by the Department
						under section
						2081 or
						2835 of
						the Fish and Game Code, provided the requirements of those sections are
						satisfied. In addition, the specific provisions in this Article that authorize
						incidental take by participants in a voluntary local program shall not be
						construed to limit the application of section
						2087 of
						the Fish and Game Code, which provides that accidental take of candidate,
						threatened and endangered species is not prohibited during routine and ongoing
						agricultural activities without regard to whether a voluntary local program has
						been established.
1.
						Renumbering and amendment of former section
						786.6 to new section
						786.8 filed 8-28-2002; operative
						9-27-2002 (Register 2002, No. 35).
Note: Authority cited: Sections
						  702 and
						  2086,
						  Fish and Game Code. Reference: Sections
						  2062,
						  2067,
						  2068,
						  2080,
						  2086,
						  2087
						  and
						  2835,
						  Fish and Game Code.
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 2.5 - Take of Rare Plants Under the Native Plant Protection Act › Section 786.9 - Take of Rare Plants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Definitions:
(1) The term "rare plants" shall
					 mean those plants listed as rare by the commission in Section
					 670.2(c) of these
					 regulations.
(2) The term "rare
					 plant impacts" shall mean the take, possession, propagation, transportation,
					 exportation, importation or sale of rare plants.
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 3 - Incidental Take Permit Guidelines for Timber Operations › Section 787.0 - Purpose and Scope of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose of this article is to
					 establish rules and guidelines in accordance with Section
					 2112 of
					 the Fish and Game Code to implement Fish and Game Commission policies regarding
					 the issuance of incidental take permits pursuant to Section
					 2081 of
					 the Fish and Game Code for timber operations or activities that may take coho
					 salmon, a species that is listed as threatened or endangered under the
					 California Endangered Species Act, Fish and Game Code sections
					 2050,
					 et seq. ("CESA"). The Fish and Game Commission approved the
Recovery
					 Strategy for California Coho Salmon (Oncorhynchus kisutch)
(February
					 2004), and approved for inclusion specified policies pursuant to Section
					 2112 of
					 the Fish and Game Code to guide the issuance of incidental take permits under
					 Section
					 2081 of
					 the Fish and Game Code for timber operations or activities. This article sets
					 forth rules and guidelines to implement those policies. In accordance with
					 section
					 2112 of
					 the Fish and Game Code, this article specifies conditions and circumstances
					 when:
(1) take is prohibited;
(2) an incidental take permit is required;
					 and
(3) an incidental take permit is
					 not required. This article outlines various ways to obtain incidental take
					 permits for timber operations and activities, including an expedited process
					 for obtaining incidental take permits by certification pursuant to these
					 regulations, and through the normal permitting process set forth in CESA
					 implementing regulations, California Code of Regulations, title 14, section
					 783.0
et seq.
.
					 The standards for issuance of incidental take permits are the permit issuance
					 criteria set forth in section
					 2081(b) and
					 (c) of the Fish and Game Code. This article
					 is not intended to create a presumption that any particular timber operation or
					 activity will incidentally take coho salmon.
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 3 - Incidental Take Permit Guidelines for Timber Operations › Section 787.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The terms used
					 in this article are defined by the definitions provided in the Forest Practice
					 Rules, California Code of Regulations, title 14, section
					 895.1,
et seq.
,
					 except as specifically provided in this article:
(1) Jeopardy Determination. A "jeopardy
					 determination" is the Department's determination, made in accordance with
					 section 787.6 as to whether issuance of an
					 incidental take permit for proposed timber operations activities would
					 jeopardize the continued existence of coho salmon.
(2) Recovery Unit. A "recovery unit" is a
					 group of watersheds related hydrologically, geologically and ecologically which
					 constitute unique and important components of an Evolutionarily Significant
					 Unit for coho salmon. The coho salmon recovery units are delineated and
					 described in the
Recovery Strategy for California Coho Salmon
					 (Oncorhynchus kisutch)
(February 2004), inclusive of
					 amendments.
(3) Watersheds with
					 Coho Salmon. "Watersheds with coho salmon" means any planning watershed(s)
					 where coho salmon (Oncorhynchus kisutch) have been documented by the Department
					 of Fish and Game to be present during or after 1990. A list of watersheds with
					 coho salmon is available at
					 http://www.dfg.ca.gov/habcon/timber/index.html
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 3 - Incidental Take Permit Guidelines for Timber Operations › Section 787.2 - Take Determination for Timber Operations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 2-11-2008; operative 2-11-2008 pursuant to Government Code
						section
						11343.4
						(Register 2008, No. 7).
2. Change without regulatory effect
						repealing section in conformance with Environmental Protection Information
						Center, et al., v. California Department of Fish and Game, Superior Court of
						the State of California, County of San Francisco, Case No. CPF-08-508127, filed
						9-21-2010 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2010, No. 39).
Note: Authority cited: Sections
						  702,
						  711.7,
						  2080,
						  2081(d)
						  and
						  2112,
						  Fish and Game Code; and Sections
						  21067,
						  21069,
						  21070,
						  21080.1,
						  21080.3,
						  21080.4,
						  21080.5,
						  21082.2
						  and
						  21104.2,
						  Public Resources Code. Reference: Sections
						  702,
						  711.7,
						  2080,
						  2081(b),
						  2081(c)
						  and
						  2112,
						  Fish and Game Code; and Sections
						  21067,
						  21069,
						  21070,
						  21080.1,
						  21080.3,
						  21080.4,
						  21080.5,
						  21082.2
						  and
						  21104.2,
						  Public Resources Code.
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 3 - Incidental Take Permit Guidelines for Timber Operations › Section 787.3 - Take of Coho Salmon from Timber Operations Prohibited

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any unauthorized take of coho salmon is prohibited and
						may be subject to criminal action pursuant to the Fish and Game
						Code.
1. New
						section filed 2-11-2008; operative 2-11-2008 pursuant to Government Code
						section
						11343.4
						(Register 2008, No. 7).
Note: Authority cited: Sections
						  702,
						  2080
						  and
						  2112,
						  Fish and Game Code. Reference: Sections
						  702,
						  2080
						  and
						  2112,
						  Fish and Game Code.
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 3 - Incidental Take Permit Guidelines for Timber Operations › Section 787.4 - Incidental Take Permit for Timber Operations Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to issue an incidental take permit under the
						processes outlined in this section, the permit issuance criteria set forth in
						Section
						2081(b)
						of the Fish and Game Code must be met. In addition, as required by Section
						2081(c)
						of the Fish and Game Code, the Department shall not issue an incidental take
						permit for coho salmon if issuance of the permit would jeopardize the continued
						existence of the species. The Department will determine whether issuance of the
						permit would jeopardize the continued existence of the species in accordance
						with section
						787.6.
1. New
						section filed 2-11-2008; operative 2-11-2008 pursuant to Government Code
						section
						11343.4
						(Register 2008, No. 7).
2. Change without regulatory effect
						repealing subsections (a)-(a)(4) in conformance with Environmental Protection
						Information Center, et al., v. California Department of Fish and Game, Superior
						Court of the State of California, County of San Francisco, Case No.
						CPF-08-508127, and repealing subsection (b) designator filed 9-21-2010 pursuant
						to section
						100, title 1, California Code of
						Regulations (Register 2010, No. 39).
Note: Authority cited: Sections
						  702,
						  2080,
						  2081(d)
						  and
						  2112,
						  Fish and Game Code. Reference: Sections
						  702,
						  2080,
						  2081(b),
						  2081(c)
						  and
						  2112,
						  Fish and Game Code.
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 3 - Incidental Take Permit Guidelines for Timber Operations › Section 787.5 - Incidental Take Permit for Timber Operations Not Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Department determines, pursuant to
					 section
					 2080.1
					 of the Fish and Game Code, that an incidental take statement or permit for coho
					 salmon issued by the Secretary of Commerce for proposed timber operations is
					 consistent with CESA, no further authorization or approval is
					 necessary.
(b) Regardless of
					 whether the Department first makes a determination regarding the take of coho
					 salmon, the Department and any project proponent who intends to meet the
					 requirements of the Natural Community Conservation Planning Act (Fish and Game
					 Code section
					 2800
et seq
) may enter into a planning agreement pursuant to
					 section 2810. The planning agreement must
					 include an interim process during plan development for project review. The
					 interim process may include measures for timber operations or activities which
					 the Department concludes will avoid take. Timber operations or activities
					 carried out in accordance with any such interim process that avoids take will
					 not require an incidental take permit under section
					 2081 of
					 the Fish and Game Code.
1. New
						section filed 2-11-2008; operative 2-11-2008 pursuant to Government Code
						section
						11343.4
						(Register 2008, No. 7).
2. Change without regulatory effect
						repealing subsections (a)-(b) in conformance with Environmental Protection
						Information Center, et al., v. California Department of Fish and Game, Superior
						Court of the State of California, County of San Francisco, Case No.
						CPF-08-508127, and relettering subsections filed 9-21-2010 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2010, No. 39).
Note: Authority cited: Sections
						  702,
						  2080,
						  2080.1,
						  2081,
						  2112
						  and
						  2810,
						  Fish and Game Code. Reference: Sections
						  702,
						  2080,
						  2080.1,
						  2081,
						  2112
						  and
						  2810,
						  Fish and Game Code.
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 3 - Incidental Take Permit Guidelines for Timber Operations › Section 787.6 - Jeopardy from Timber Operations Prohibited

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A jeopardy determination will be made
					 using an analysis at the scale of the coho salmon recovery unit and will be
					 made for the Evolutionarily Significant Unit. A jeopardy determination must be
					 based upon the best scientific and other information that is reasonably
					 available, which may include, but not necessarily be limited to, consideration
					 of:
(1) coho salmon's ability to survive and
					 reproduce; and
(2) any adverse
					 impacts of the taking on coho salmon's ability to survive and reproduce in
					 light of:
(A) known population
					 trends;
(B) known threats to the
					 species; and
(C) reasonably
					 foreseeable impacts on the species from other related projects and
					 activities.
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 3 - Incidental Take Permit Guidelines for Timber Operations › Section 787.7 - Incidental Take Permit by Certification for Timber Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department may permit incidental take
					 of coho salmon from timber operations by certification of compliance under this
					 section if all of the following are satisfied:
(1) The permittee certifies in writing that
					 the permittee agrees to comply with and incorporate into its timber operations
					 all minimization and mitigation measures specified in Forest Practice Rules,
					 California Code of Regulations, title 14, sections
					 916.9.1 (936.9.1), 916.9.2,
					 (936.9.2), 923.9.1 (943.9.1), and 923.9.2 (943.9.2) as identified and described
					 in a THP or Notice of Timber Operations attached to the certification.
					 Preconsultation with the Department prior to submittal of the certification and
					 attached THP or Notice of Timber Operations is strongly recommended in order to
					 facilitate acceptance and return receipt of the certification.
(2) The permittee includes implementation and
					 effectiveness monitoring procedures and schedules in the Timber Harvesting Plan
					 (THP) or Notice of Timber Operations. Monitoring which is specified in the THP
					 or Notice of Timber Operations to meet other regulatory requirements may be
					 determined by the Department to satisfy the issuance criteria for an incidental
					 take permit
(3) The permittee
					 provides a financial security for performance with terms and in an amount
					 acceptable to the Department in accordance with section
					 787.8.
(4) The permittee provides written consent to
					 the Department for access to inspect timber operations during and following
					 completion of operations for compliance monitoring.
(5) The Department returns a signed receipt
					 of the certification finding that it meets the requirements of Sections
					 2081(b) and
					 (c) of the Fish and Game Code. If any
					 requirement is not met (e.g., a financial security in a form and amount
					 acceptable to the Department is not provided), the Department shall deny the
					 certification and notify the permittee.
(6) The THP or Notice of Timber Operations
					 which is the subject of the certification is approved by the California
					 Department of Forestry and Fire Protection.
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 3 - Incidental Take Permit Guidelines for Timber Operations › Section 787.9 - Coho Salmon Impact Evaluation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 2-11-2008; operative 2-11-2008 pursuant to Government Code
						section
						11343.4
						(Register 2008, No. 7).
2. Change without regulatory effect
						repealing section in conformance with Environmental Protection Information
						Center, et al., v. California Department of Fish and Game, Superior Court of
						the State of California, County of San Francisco, Case No. CPF-08-508127, filed
						9-21-2010 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2010, No. 39).
Note: Authority cited: Sections
						  702,
						  711.7
						  and
						  2112,
						  Fish and Game Code; and Sections
						  21067,
						  21069,
						  21070,
						  21080.1,
						  21080.3,
						  21080.4,
						  21080.5,
						  21082.2
						  and
						  21104.2,
						  Public Resources Code. Reference: Sections
						  702,
						  711.7
						  and
						  2112,
						  Fish and Game Code; and Sections
						  21067,
						  21069,
						  21070,
						  21080.1,
						  21080.3,
						  21080.4,
						  21080.5,
						  21082.2
						  and
						  21104.2,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 7 - Regulations for Implementation of Section 4526 of the Government Code › Article 1 - General Provisions › Section 789.0 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in these regulations:
(a) "Small business" firm is one which meets
					 the definition of small business firm as set forth in Title 2, California Code
					 of Regulations, section
					 1896(n).
(b) "Department" means the Department of Fish
					 and Game.
(c) "Director" is the
					 Director of the Department of Fish and Game, or any person authorized by the
					 Director to act on behalf of the Director.
(d) "Firm" means any individual, firm,
					 partnership, corporation, association, or other legal entity permitted by law
					 to practice the profession of architecture, landscape architecture,
					 engineering, environmental services, land surveying, or construction project
					 management.
(e) "Architectural,
					 landscape architectural, engineering, environmental, and land surveying
					 services" includes those professional services of an architectural, landscape
					 architectural, engineering, environmental, or land surveying nature as well as
					 incidental services that members of these professions and those in their employ
					 may logically or justifiably perform.
(f) "Contract" shall mean those contracts
					 entered into by the Department for architectural, landscape architectural,
					 engineering, environmental, land surveying, or construction project management
					 services.
1. New
						chapter 7 (articles 1-2, sections
						789.0-789.6), article 1 (section
						789.0) and section filed 1-7-2000;
						operative 2-6-2000 (Register 2000, No. 1).
Note: Authority cited: Section
						  4526,
						  Government Code; and Section
						  702,
						  Fish and Game Code. Reference: Sections
						  4525-
						  4529,
						  Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 7 - Regulations for Implementation of Section 4526 of the Government Code › Article 2 - Specific Provisions › Section 789.1 - Establishment of Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall establish criteria which will comprise
						the basis for selection for each contract. The criteria shall include such
						factors as professional excellence, demonstrated competence, specialized
						experience of the firm, education and experience of key personnel to be
						assigned, staff capability, workload, ability to meet schedules, nature and
						quality of completed work, reliability of the firm, location, and other
						considerations deemed relevant. Such factors shall be weighed by the Director
						according to the nature of the contract, the needs of the State and complexity
						and special requirements of the specific contract for which the services will
						be provided.
1. New
						article 2 (sections
						789.1-789.6) and section filed
						1-7-2000; operative 2-6-2000 (Register 2000, No.
						1).
Note: Authority cited: Section
						  4526,
						  Government Code; and Section
						  702,
						  Fish and Game Code. Reference: Section
						  4526,
						  Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 7 - Regulations for Implementation of Section 4526 of the Government Code › Article 2 - Specific Provisions › Section 789.2 - Request for Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a project requires architectural,
					 landscape architectural, engineering, land surveying, construction project
					 management, or environmental services, the Director shall make a statewide
					 announcement through the publications of the respective professional
					 societies.
(b) The announcement
					 shall contain the following information: the nature of the work, the criteria
					 upon which the award shall be made, and the time within which statements of
					 interest, qualification and performance data will be received.
(c) The Director shall endeavor to provide to
					 all small business firms which have indicated an interest in receiving such, a
					 copy of each announcement for projects for which the Director concludes that
					 small business firms could be especially qualified. A failure of the Director
					 to send a copy of an announcement to any firm shall not operate to preclude any
					 contract.
1. New
						section filed 1-7-2000; operative 2-6-2000 (Register 2000, No.
						1).
Note: Authority cited: Section
						  4526,
						  Government Code; and Section
						  702,
						  Fish and Game Code. Reference: Section
						  4527,
						  Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 7 - Regulations for Implementation of Section 4526 of the Government Code › Article 2 - Specific Provisions › Section 789.3 - Selection of Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 After expiration of the period stated in the publication, the Director shall
					 evaluate statements of qualifications and performance data on file with the
					 Department. Discussions shall be conducted with no less than three firms
					 regarding the required service. From the firms with which discussions are held,
					 the Director shall select, for contract negotiation, no less than three, in
					 order of preference, based upon the established criteria, which are deemed to
					 be the most highly qualified to provide the services required. Where three
					 firms cannot be found which could provide the required service, the Director
					 may then select from the available applicant firms. Selections based on less
					 than three firms must be documented with the names and addresses of firms
					 contacted by the Director and the reasons why the provisions of this section
					 could not be met. This documentation shall be maintained in the Department's
					 contract file.
(b) The Director
					 shall attempt to negotiate a contract with the best qualified firm. If the
					 Director is unable to negotiate a satisfactory contract with this firm at a
					 fair and reasonable price, negotiations with that firm shall be terminated. The
					 Director shall then undertake negotiations with the second most qualified firm.
					 Failing accord, negotiations shall be terminated. The Director shall then
					 undertake negotiations with the third most qualified firm. Failing accord,
					 negotiations shall be termined. If the Director is unable to negotiate a
					 satisfactory contract with any of the selected firms, the Director shall select
					 additional firms in the manner prescribed and continue the negotiation
					 procedure.
1. New
						section filed 1-7-2000; operative 2-6-2000 (Register 2000, No.
						1).
Note: Authority cited: Section
						  4526,
						  Government Code; and Section
						  702,
						  Fish and Game Code. Reference: Section
						  4528,
						  Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 7 - Regulations for Implementation of Section 4526 of the Government Code › Article 2 - Specific Provisions › Section 789.4 - Conflict of Interest/Unlawful Activity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Department employees who are related to persons or have
						interests in business entities seeking to contract under these regulations
						shall not participate in any aspect of the contract review or selection
						process.
Further, any practice that results in an unlawful
						activity including, but not limited to, rebates, kickbacks or any other
						unlawful consideration shall be prohibited.
1. New
						section filed 1-7-2000; operative 2-6-2000 (Register 2000, No.
						1).
Note: Authority cited: Section
						  4526,
						  Government Code; and Section
						  702,
						  Fish and Game Code. Reference: Sections
						  4526 and
						  87100,
						  Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 7 - Regulations for Implementation of Section 4526 of the Government Code › Article 2 - Specific Provisions › Section 789.5 - Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Department makes a necessary change in the project
						during performance of the contract and the amount of work to be performed by
						the contractor has changed from the work originally contemplated by the
						parties, the contractor's compensation may be adjusted in a fair and reasonable
						amount by negotiation of a mutual written agreement.
1. New
						section filed 1-7-2000; operative 2-6-2000 (Register 2000, No.
						1).
Note: Authority cited: Section
						  4526,
						  Government Code; and Section
						  702,
						  Fish and Game Code. Reference: Section
						  4528,
						  Government Code.