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 2.5 - Take of Rare Plants Under the Native Plant Protection Act
Section 786.9 - Take of Rare Plants

(a) Definitions:

(b) The department may issue permits, agreements, plans or programs that authorize rare plant impacts using the same procedures and under the same conditions as take authorizations issued pursuant to Section 783et seq. of these regulations relating to incidental take permits, Section 786et seq. of these regulations relating to voluntary local programs, Fish and Game Code Section 2800 et seq. relating to natural community conservation plans, or Fish and Game Code Section 2089.2 et seq. relating to safe harbor agreements as if rare plants were listed as endangered, threatened, or candidate species. The choice among the four sets of conditions and procedures listed in this subdivision to be applied to the permit for authorization of rare plant impacts shall be made by the person or entity seeking the permit, agreement, plan or program.

(c)

(d) Nothing in this section requires a permit or other authorization for rare plant impacts where the rare plant impacts are otherwise allowed pursuant to Fish and Game Code Section 1900 et seq. (Native Plant Protection Act) including, but not limited to, those activities covered by Fish and Game Code Section 1913.

(e) Nothing in this section affects the validity of any authorization for rare plant impacts if the rare plant impacts were authorized by the department in a permit, plan, agreement or program approved by the department prior to the effective date of these regulations. The authorization contained in such permit, plan, agreement or program is deemed to be in effect as of the date it was approved.