California Code of Regulations
Title 14 - Natural Resources
Division 1 - Fish and Game Commission-Department of Fish and Game
Subdivision 3 - General Regulations
Chapter 6 - Regulations for Implementation of the California Endangered Species Act and Native Plant Protection Act
Article 1 - Take Prohibition; Permits for Incidental Take of Endangered Species, Threatened Species and Candidate Species
Section 783.4 - Incidental Take Permit Review Standards
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Issuance criteria. If an application is submitted in accordance with section 783.2 and section 783.3, the Director shall decide whether or not an incidental take permit should be issued. A permit may only be issued if the Director finds that:
(b) No incidental take permit shall be issued pursuant to this article if issuance of the permit would jeopardize the continued existence of the species. The Department shall make this determination based on the best scientific and other information that is reasonably available, and shall include consideration of the species' capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of
(c) Permit conditions. Every permit issued under this article shall contain such terms and conditions as the Director deems necessary or appropriate to meet the standards in this section. In determining whether measures are capable of successful implementation, the Director shall consider whether the measures are legally, technologically, economically and biologically practicable. This provision does not preclude the use of new measures or other measures without an as yet established record of success which have reasonable basis for utilization and a reasonable prospect for success.
1. New section filed 12-30-98; operative 12-30-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
Note: Authority cited: Sections 702 and 2081(d), Fish and Game Code. Reference: Sections 2081(b) and (c), Fish and Game Code.