California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Section 749.1 - Special Order Relating to Incidental Take of Coho Salmon (Oncorhynchus Kisutch) During Candidacy Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The commission finds that, based on current knowledge and
					 protection and management efforts outlined in this regulation, including
					 Exhibits A through D*, the level of habitat loss and take of coho salmon which
					 is likely to occur during the period that this regulation is in effect will not
					 cause jeopardy to the continued existence of the species.
(a) Take Authorization.
Based upon the above findings, the commission authorizes
					 the take of coho salmon north of San Francisco (Exhibit A) during the candidacy
					 period subject to the terms and conditions herein.
(1) Inland and Ocean Sport and Commercial
				  Fishing.
Coho salmon may not be retained during sport or commercial
					 fishing in any waters of the State. Incidentally hooked or netted coho salmon
					 must be immediately released unharmed to the waters where they are hooked or
					 netted.
(2) Suction
				  Dredging.
Incidental take of coho salmon during suction dredging that
					 complies with Section
					 228, Title 14, CCR, is authorized
					 during the candidacy period.
(3) Research and Monitoring.
(A) Take of coho salmon by department
				  personnel in the course of research and monitoring is authorized pursuant to
				  Section 783.1(c), Title
				  14, CCR.
(B) Take of coho salmon in
				  the course of research and monitoring by public agencies and private parties is
				  authorized subject to restrictions in Exhibit B.
(4) Hatchery Operations.
Take of coho salmon by the Department of Fish and Game for
					 hatchery management purposes is authorized pursuant to Section
					 783.1(c). Title
					 14, CCR.
(5) Habitat
				  Restoration.
(A) Incidental take of coho
				  salmon resulting from planning, assessment, inventory, construction,
				  maintenance and monitoring activities consistent with the objectives of the
				  Department of Fish and Game Fisheries Restoration Grants Program and carried
				  out in the manner prescribed in the department's "California Salmonid Stream
				  Habitat Restoration Manual -- Third Edition, January 1998", is authorized.
				  Incidental take resulting from an activity not carried out in such manner is
				  authorized only if the activity is performed under the supervision or oversight
				  of, or is funded by the department.
(B) Incidental take resulting from activities
				  performed by department employees related to constructing, installing,
				  operating and maintaining facilities or stream features designed to eliminate
				  or minimize barriers to fish migration and fish rescue operations is authorized
				  pursuant to Section
				  783.1(c), Title
				  14, CCR.
(6) Extraction
				  of Gravel Resources.
Incidental take of coho salmon resulting from the
					 extraction of gravel resources in a stream or river, is authorized for the coho
					 candidacy period provided that such activities are conducted in accordance with
					 the measures specified in Exhibit C.
(7) Water Diversions.
Incidental take of coho salmon resulting from diversion of
					 water, for any purpose, is authorized during the candidacy period, subject to
					 the following conditions:
(A) Existing
				  unscreened diversions may continue in operation through the candidacy period.
				  Upon any future determination by the commission that coho salmon shall be added
				  to the list of threatened or endangered species, incidental take for such
				  diversions must be authorized under Fish and Game Code Section
				  2081(b)
				  or be determined exempt from the permitting requirement under Fish and Game
				  Code Section
				  2080.1.
(B) Diversions approved and constructed after
				  the effective date of this section shall be screened and shall meet the
				  Department of Fish and Game Fish Screening Criteria (dated June 19, 2000)
				  included in this regulation as Exhibit D.
(C) Existing fish screens that are repaired,
				  upgraded, or reconstructed during the candidacy period must meet the Department
				  of Fish and Game Fish Screening Criteria (dated June 19, 2000) included in this
				  regulation as Exhibit D.
(8) Department of Fish and Game Streambed
				  Alteration Agreements.
Incidental take of coho salmon during the candidacy period
					 is authorized for any project carried out in compliance with section
					 1601 or
					 1603 of
					 the Fish and Game Code, for which a Lake or Streambed Alteration Agreement
					 (Agreement) has been entered into between the department and the party
					 undertaking the activity, provided that:
(A) any measures identified by the department
				  as necessary to protect coho salmon are incorporated into the signed Agreement
				  and are fully implemented by the party undertaking the activity; and
(B) the project otherwise complies with other
				  relevant provisions of this section. Projects that will involve the extraction
				  of mineral resources shall also comply with subsection (a)(6), and projects
				  involving water diversions shall also comply with subsection (a)(7) of Section
				  749.1, Title 14,
				  CCR.
(9) Pacific Lumber
				  Company Habitat Conservation Plan.
Incidental take of coho salmon resulting from activities
					 within the Plan and Permit Area described as Covered Activities in the "Habitat
					 Conservation Plan for the Properties of The Pacific Lumber Company, Scotia
					 Pacific Holding Company, and Salmon Creek Corporation, February 1999", is
					 authorized during the candidacy period insofar as activities are conducted in
					 accordance with the relevant Operating Conservation Plans.
(10) Forest Practices.
Incidental take of coho salmon is authorized during the
					 candidacy period for otherwise lawful timber operations that comply with
					 conditions specified in the revised final rule language, "Protection for
					 Threatened and Impaired Watersheds, 2000", sections
					 895,
					 895.1,
					 898,
					 898.2,
					 914.8,
					 934.8,
					 954.8,
					 916,
					 936,
					 956,
					 916.2,
					 936.2,
					 956.2,
					 916.9,
					 936.9,
					 956.9,
					 916.11,
					 936.11,
					 956.11,
					 916.12,
					 936.12,
					 956.12,
					 923.3,
					 943.3,
					 963.3,
					 923.9,
					 943.9 and
					 963.9, Title 14, CCR (which can be
					 found on the Board of Forestry website at
www.fire.ca.gov/BOF/pdfs/FRLZ00011814.pdf
).
(11) Additions, Modifications or Revocation.
(A) Incidental take of coho salmon north of
				  San Francisco from activities not addressed in this section may be authorized
				  during the candidacy period by the commission pursuant to Fish and Game Code
				  Section
				  2084 or
				  by the department pursuant to Fish and Game Code Section
				  2081,
				  on a case-by-case basis.
(B) The
				  commission may modify or repeal this regulation in whole or in part, pursuant
				  to law, if it determines that any activity or project may cause jeopardy to the
				  continued existence of coho salmon north of San Francisco.
* A copy of Exhibits A through D which are referenced in
					 this regulation is available upon request from the Fish and Game Commission,
					 1416 Ninth Street, Box 944209, Sacramento, CA 94255-2090 (Telephone 916
					 653-4899).