Cal. Code Regs. tit. 14 § 787.7

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 787.7 - Incidental Take Permit by Certification for Timber Operations

(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.

(b) Effect of Certification.

(1) A certification that is signed by the Department is an incidental take permit for coho salmon that becomes effective only after both of the following have occurred:

(A) The permittee receives the signed certification from the Department from the appropriate regional office; and

(B) The THP or Notice of Timber Operations attached to the certification, which contains the required minimization and mitigation measures, is approved by the California Department of Forestry and Fire Protection;

(2) The incidental take permit by certification authorizes incidental take of coho salmon from the timber operations described in the THP or Notice of Timber Operations that is attached to the certification. Any incidental take from operations that deviate from such timber operations, whether under subsequent amendments to the THP or Notice of Timber Operations or otherwise, is not authorized by this permit by certification.

(3) CESA implementing regulations governing permit revocation and suspension (California Code of Regulations, title 14, section 783.7) apply to an incidental take permit by certification.

(c) Form of Certification. The certification required by section 787.7 shall take substantially the following form:

CERTIFICATION OF COMPLIANCE

I certify that all of the minimization and mitigation measures set forth 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) including any alternative measures provided in these sections are included as enforceable elements of the attached Timber Harvesting Plan (THP) or Nonindustrial Timber Management Plan (NTMP) Notice of Timber Operations.

I acknowledge that these measures are roughly proportional in extent to the impact of the authorized take of the species, the measures maintain my project objectives to the greatest extent possible, and they are capable of successful implementation. I understand that this permit allows incidental take of coho salmon pursuant to CESA; it does not authorize the violation of any Federal, State or local laws or regulations. I understand that this incidental take permit becomes effective after both of the following have occurred:

(1) the THP or Notice of Timber Operations containing the required measures is approved by the Department of Forestry and Fire Protection; and

(2) I have received receipt of the certification signed by the Department of Fish and Game from the appropriate address below. I understand that this certification permits incidental take of coho salmon from the timber operations described in the attached THP or Notice of Timber Operations. Any incidental take from operations that deviate from such timber operations, whether under subsequent amendments to the THP or Notice of Timber Operations or otherwise, is not authorized by this permit by certification.

I certify that the information submitted in this certification is complete and accurate to the best of my knowledge and belief. I understand that any false statement herein or failure to comply with the terms of the permit (e.g., unauthorized take under CESA for undertaking a project that differs from the one described in the attached THP or Notice of Timber Operations, or failure to properly implement required minimization and mitigation measures) may subject me to suspension or revocation of this permit and to civil and criminal penalties under the laws of the State of California.

THP or NTMP designation: __________

Proposed beginning date of timber operations: __________

End date for timber operations: __________

Attached is the security for performance, calculated in accordance with section 787.8, ensuring adequate funding to implement measures to minimize and fully mitigate impacts of authorized take, and for monitoring compliance with and effectiveness of, those measures. The undersigned is responsible for immediately notifying the Department of Fish and Game of any deviations from the above.

	___________________________
	(RPF or authorized signature)	Date

The undersigned is authorized to provide consent to the Department of Fish and Game to access and inspect the subject timber operations during and following completion of operations, and hereby provides such authorization to the Department of Fish and Game.

	___________________________
	(authorized representative signature)	Date

For Del Norte, Humboldt, Mendocino, Siskiyou or Trinity Counties

REGIONAL MANAGER

DEPARTMENT OF FISH AND GAME

601 LOCUST STREET

REDDING, CA 96001

(530) 225.2300

For Santa Cruz, San Mateo, Marin, or Sonoma Counties

REGIONAL MANAGER

DEPARTMENT OF FISH AND GAME

P.O. BOX 47

YOUNTVILLE, CA 94599

(707) 944.5500

The Department of Fish and Game [circle one: finds/does not find] that:

(1) the activities identified in the attached THP or NTMP Notice of Timber Operations may result in take of coho salmon incidental to an otherwise lawful activity; where the Department of Fish and Game finds that the activities may result in incidental take, the Department of Fish and Game finds that:

(2) the impacts of authorized take will be minimized and fully mitigated; the measures required to meet this obligation are roughly proportional in extent to the impact of the authorized take; where various measures are available to meet this obligation, the impacts of take, the measures maintain the applicant's objectives to the greatest extent possible; and the measures are capable of successful implementation;

(3) this permit by certification of compliance is consistent with regulations adopted pursuant to Sections 2112 and 2114 of the Fish and Game Code;

(4) the permittee has assured adequate funding to implement the required measures and for monitoring compliance with and effectiveness of those measures;

(5) and issuance of the permit by certification which is approved by the signature below will not jeopardize the continued existence of coho salmon. The Department of Fish and Game's findings are based upon the certification submitted; the approved THP or Notice of Timber Operations and associated environmental review and impact analysis; the administrative records supporting the incorporated 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), and the Incidental Take Permit Guidelines for Timber Operations, section 787.0et seq., and other information the Department of Fish and Game had before it at the time of the certification.

	___________________________
	DFG Regional Manager	Date

(d) Department Review and Response. The Department shall review and approve or deny the certification as soon as possible and no later than 30 days following receipt of all information specified in California Code of Regulations, title 14, section 783.4 by the appropriate Regional Manager.

Cal. Code Regs. Tit. 14, § 787.7

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, 2081(d) and 2112, Fish and Game Code. Reference: Sections 702, 2081(b), 2081(c) and 2112, 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).