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. 38, September 20, 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.
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.
Incidental take of coho salmon during suction dredging that complies with Section 228, Title 14, CCR, is authorized during the candidacy period.
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.
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.
Incidental take of coho salmon resulting from diversion of water, for any purpose, is authorized during the candidacy period, subject to the following conditions:
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:
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.
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).
* 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).
1. New
section and Exhibits A-D filed 4-26-2001 as an emergency; operative 4-26-2001
(Register 2001, No. 17). A Certificate of Compliance must be transmitted to OAL
by 8-24-2001 or emergency language will be repealed by operation of law on the
following day.
2. New section and Exhibits A-D refiled 8-23-2001 as
an emergency; operative 8-25-2001 (Register 2001, No. 34). A Certificate of
Compliance must be transmitted to OAL by 12-24-2001 or emergency language will
be repealed by operation of law on the following day.
3. Repealed by
operation of Government Code section
11346.1(g)
(Register
2002,
No. 1).
4. New section and Exhibits A-D filed 12-31-2001 as an
emergency; operative 12-31-2001 (Register 2002, No. 1). A Certificate of
Compliance must be transmitted to OAL by 4-30-2002 or emergency language will
be repealed by operation of law on the following day.
5. Certificate
of Compliance as to 12-31-2001 order, including amendment of subsection
(a)(5)(A) and repealer and new Exhibit A, transmitted to OAL 4-26-2002 and
filed 6-6-2002 (Register 2002, No. 23).
6. 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, 2080, 2084 and 2085, Fish and Game Code.
