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 786.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Management
					 Practices. "Management practices" are practical, achievable agricultural
					 practices that, to the maximum extent practicable, avoid and minimize the take
					 of candidate, threatened or endangered species while encouraging enhancement of
					 wildlife habitat without compromising the economics of agricultural operations
					 when undertaken by a farmer or rancher. Examples of management practices
					 include, but are not limited to, establishing brood ponds, installing
					 artificial nesting structures, reducing harvester speed, integrated pest
					 management techniques, planting fallow fields, delaying fall tillage, flooding
					 harvested fields, and establishing wildlife refugia at margins of
					 fields.
(b) Routine and Ongoing
					 Agricultural Activities. "Routine and ongoing agricultural activities" shall
					 include the cultivation and tillage of the soil; crop rotation; fallowing;
					 dairying; the production, cultivation, growing, replanting and harvesting of
					 any agricultural commodity including viticulture, vermiculture, apiculture, or
					 horticulture; the raising of livestock, fur bearing animals, fish, or poultry;
					 any practices performed by a farmer on a farm as incident to or in conjunction
					 with those farming operations, including the preparation for market, delivery
					 to storage or to market, or delivery to carriers for transportation to market,
					 including any such activities recognized as compatible uses pursuant to the
					 Williamson Act (Government Code sections
					 51200 et
					 seq.) provided such activities are consistent with the economics of
					 agricultural operations; and other similar agricultural activities as
					 determined by the Department during its review and approval of a particular
					 voluntary local program. Routine and ongoing agricultural activities do not
					 include conversion of agricultural land to nonagricultural use, timber
					 harvesting activities governed by the State Board of Forestry or activities
					 that intentionally reduce habitat and wildlife to facilitate conversion to
					 non-agricultural use. For the purposes of this article and Division 3, Chapter
					 1.5, Article 3.5 of the Fish and Game Code, the conversion of rangeland to more
					 intensive agricultural uses such as permanent crops is not considered a routine
					 and ongoing agricultural activity. Ordinary pasture maintenance and renovation
					 and dry land farming operations consistent with rangeland management are
					 considered routine and ongoing agricultural activities.
(c) Local Program. A "local program" or a
					 "voluntary local program" is a locally designed voluntary program to encourage
					 the enhancement and maintenance of habitat for candidate, threatened and
					 endangered species and other wildlife in ways compatible with routine and
					 ongoing agricultural activities on farms or ranches, proposed in accordance
					 with section
					 786.2(a) of this
					 article.
(d) Department. For
					 purposes of this article, "Department" means the Director of the Department or
					 any Regional Manager or other Department representative to whom the Director
					 has delegated duties under this article.
1. New
						section filed 12-31-98; operative 12-31-98 pursuant to Government Code section
						11343.4(d)
						(Register 99, No. 1).
2. Amendment of section and NOTE filed
						8-28-2002; operative 9-27-2002 (Register 2002, No.
						35).
Note: Authority cited: Sections
						  702,
						  2086
						  and
						  2089,
						  Fish and Game Code. Reference: Sections
						  700,
						  704,
						  2062,
						  2067,
						  2068,
						  2086,
						  2087
						  and
						  2089,
						  Fish and Game Code.