Section 787.5 - Incidental Take Permit for Timber Operations Not Required(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 2800et 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.Cal. Code Regs. Tit. 14, § 787.5
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.
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).