Cal. Code Regs. tit. 14 § 787.0

Current through Register 2024 Notice Reg. No. 40, October 4, 2024

Section 787.0 - Purpose and Scope of Regulations

(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 783.0et 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.

(b) This article does not affect the Department's authority to authorize take pursuant to any other provision of the Fish and Game Code or any other provision of the California Code of Regulations including, but not limited to, take authorizations issued or approved by the Department pursuant to section 2835 of the Fish and Game Code.

Cal. Code Regs. Tit. 14, § 787.0

1. New article 3 (sections 787.0-787.9) and 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, 2081(d) and 2112, Fish and Game Code. Reference: Sections 702, 2080, 2081(b), 2081(c) and 2112, Fish and Game Code.

1. New article 3 (sections 787.0-787.9) and section filed 2-11-2008; operative 2-11-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 7).