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 - Special Order Relating to Incidental Take of Sacramento River Spring-Run Chinook Salmon During Candidacy Period
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The Commission finds that, based on current knowledge and existing protection and management efforts outlined in Appendices 1* and 2*, the level of habitat loss and take of Sacramento River spring-run chinook salmon individuals 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 on the above findings, the Commission authorizes the take of Sacramento River spring-run chinook salmon during the candidacy period subject to the terms and conditions herein.
Take of Sacramento River spring-run chinook salmon is authorized in accordance with the regulations adopted by the Commission.
Take of Sacramento River spring-run chinook salmon is authorized in accordance with the regulations adopted by the Commission.
Take of Sacramento River spring-run chinook salmon is authorized incidental to life-history studies described in (d)(3)(H) of Appendix 1, water diversions as described in (d)(3)(A)-(d)(3)(E) and (d)(6) of Appendix 1, and restoration actions described in (d)(3)(F)-(d)(3)(J) of Appendix 1, provided that such activities are substantially similar in nature and scope to those activities which existed on the effective date of this regulation, and provided further that there is no material change, to the detriment of conservation, in the existing management measures. The Commission shall determine, in its sole discretion, whether there has been a detrimental material change in such management measures.
Take of Sacramento River spring-run chinook salmon is authorized incidental to water diversions described in (d)(6) of Appendix 1, provided that such activities are substantially similar in nature and scope to those activities which existed on the effective date of this regulation, and provided further that there is no material change, to the detriment of conservation, in the existing management measures. The Commission shall determine, in its sole discretion, whether there has been a detrimental material change in such management measures.
Take of Sacramento River spring-run chinook salmon is authorized incidental to operation of the State Water Project facilities and the Central Valley Project facilities in accordance with the 1995 WQCP and the Central Valley Project Improvement Act and as may be modified by the Operations Group through the process described in (d)(5) of Appendix 1. (For example, the CALFED OPERATIONS GROUP SACRAMENTO RIVER SPRING-RUN CHINOOK SALMON PROTECTION PLAN, dated October 27, 1997, found in Appendix 2.)
(b) Additions, Modifications, or Revocation
Other actions not addressed in this regulation requiring authorization for incidental take of Sacramento River spring-run chinook salmon from the Commission pursuant to Fish and Game Code Section 2084 or, to the extent allowed by law, by the Department of Fish and Game pursuant to Fish and Game Code Section 2081, will be considered on a case-by-case basis.
The Commission may modify or repeal this regulation in whole or in part, pursuant to law, if it determines that any activity, project or persons may cause jeopardy to the continued existence of the Sacramento River spring-run chinook salmon. In the event of a "triggering event (for consultation)", as defined in the CALFED OPERATIONS GROUP SACRAMENTO RIVER SPRING-RUN CHINOOK SALMON PROTECTION PLAN, or in the event the monitoring devices currently in place on Mill and Deer creeks are removed or rendered inoperable, the Commission shall forthwith institute an emergency action under Government Code Section 11125.5(a) and (b) to review the events which gave rise to the triggering event or loss of monitoring devices, and to consider modification of this regulation.
[NOTE: During the candidacy period of the spring-run chinook salmon, the commission commits to remaining informed on a timely basis as to the activities described in this regulation to determine if the commission must consider modification of the regulation. For example, in order to be informed of and responsive to potential impacts on spring-run throughout the candidacy period, the commission staff shall receive all electronic mail notices sent by the CALFED Operations Group Data Assessment Team (DAT) and the No Name Group to provide timely information to the commission. Based on this information, the commission will determine an appropriate level of participation in these conference calls and related meetings. When considering information of potential impacts or modification of this regulation, the commission shall ask staff for pertinent information about activities from other agencies or programs that could affect spring-run salmon, including the CALFED Bay-Delta Program, the CALFED Operations Group, the SWRCB Bay-Delta Water Rights Hearings, and the U.S. Fish and Wildlife Service and National Marine Fisheries Service (with respect to their biological opinions). Such involvement and information is intended to facilitate the commission's role in providing effective measures to protect spring-run salmon while minimizing conflicts with other resource needs. As provided by this regulation, where information warrants, the commission would convene an emergency meeting (under Government Code Section 11125.5) to determine whether any activity may cause jeopardy to the spring-run and if modification of this regulation is necessary.
Specifically, the commission acknowledges that the CALFED Operations Group Spring-run Chinook Salmon Protection Plan and the fish monitoring program, described by the Plan to determine salmon movements in the rivers and the Delta, continue to be in effect throughout the spring-run candidacy period and that the status of spring-run salmon will continue to be a factor in the Operations Group's decision making. (See Appendix 2, page 2, of this regulation.) Through receipt of DAT and No Name Group conference call notices, the commission will be able to determine when to participate in these groups, especially if these groups are making recommendations to DWR and USBR as to adjustments in CVP or SWP Delta pumping operations for purposes of spring-run salmon protection. Through this process, the commission may consider providing recommendations to DWR and USBR for protecting spring-run salmon and also may consider modifying this regulation through an emergency action to implement such protective measures.]
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* Copies of Appendices 1 and 2, including attachments, which are referenced in this regulation are available upon request from the Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, CA 94255-2090 (Telephone: 916 653-4899).
1. New
section filed 11-21-97 as an emergency; operative 11-21-97 (Register 97, No.
47). A Certificate of Compliance must be transmitted to OAL by 3-23-98 or
emergency language will be repealed by operation of law on the following
day.
2. Editorial correction of subsection (a)(4) and footnote
(Register 98, No. 9).
3. New section refiled 2-23-98 as an
emergency, including amendment of subsection (b); operative 3-20-98 (Register
98, No. 9). A Certificate of Compliance must be transmitted to OAL by 7-20-98
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 2-23-98 order transmitted to
OAL 7-9-98 and filed 8-19-98 (Register 98, No. 34).
5. Amendment of
subsection (a)(4) filed 11-16-98 as an emergency; operative 11-16-98 (Register
98, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-16-99
or emergency language will be repealed by operation of law on the following
day.
6. Reinstatement of section as it existed prior to 11-16-98
emergency amendment by operation of Government Code section
11346.1(f)
(Register
2000,
No. 5).
7. Change without regulatory effect amending NOTE filed
8-8-2019 pursuant to section
100, title 1, California Code of
Regulations (Register 2019, No. 32).
Note: Authority cited: Sections 200, 205, 265 and 2084, Fish and Game Code. Reference: Sections 200, 205, 265 and 2084, Fish and Game Code.
