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 - Take Incidental to Routine and Ongoing Agricultural Activities
Section 786.2 - Preparation of a Voluntary Local Program
Universal Citation: 14 CA Code of Regs 786.2
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Local Program Development. A local program shall be developed by a planning committee formed by a group of farmers and/or ranchers or individual farmers or ranchers who own or manage agricultural lands within the geographic area to be covered by the local program. The planning committee, or individual farmer or rancher, shall identify a lead applicant, which may be the local county Agricultural Commissioner or another entity designated by the planning committee. The planning committee shall design a local program in consultation with interested government agencies and in cooperation with interested local private sector entities and interested conservation groups.
(b) Consultation. Individuals or groups of farmers and ranchers developing a voluntary local program are encouraged to consult with the Department, the California Department of Food and Agriculture, the local county Agricultural Commissioner, University of California Cooperative Extension agents, the USDA Natural Resources Conservation Service, local Resource Conservation Districts, local non-profit and private sector entities, or other agricultural or wildlife experts in identifying effective management practices.
(c) Information and Assistance from the Department. Individuals or groups of farmers and ranchers may propose a voluntary local program to the Department for Department review and assistance. When requested, the Department shall advise and assist in the development of the voluntary management practices and voluntary local program. When providing information and assistance, the Department shall recognize that the State consists of many different climates, habitats and geographies and that management practices will vary throughout the State based on local conditions and local farming and ranching activities.
(1) The Department shall assist the
individual(s) seeking to establish a voluntary local program with contacts and
information from the Department of Food and Agriculture, the local county
Agricultural Commissioner, University of California Cooperative Extension
agents, local non-profit and private sector entities or other agricultural
experts.
(2) The Department will,
upon request, provide the best available scientific information in its
possession on any candidate, threatened, or endangered species within the
vicinity of the proposed voluntary local program and any such information the
Department has on possible management practices.
(3) The Department shall serve as a
repository for information concerning possible management practices. The
Department may collect information from persons with expertise in agriculture,
biology or habitat conservation, including but not limited to representatives
of the California Department of Food and Agriculture, the U.S. Department of
Agriculture, local county agricultural commissioners, University of California
Cooperative Extension agents, the Farm Bureau, the Bureau of Land Management,
the University of California at Riverside and Davis, California State
University at Fresno, California Polytechnic University at Pomona and San Luis
Obispo, and the Cattlemen's Association, and shall review the information with
the California Department of Food and Agriculture for the purpose of obtaining
advice as to the information's practical application to local programs. The
Department will incorporate available information developed in the preparation
and establishment of each voluntary local program into that repository to
facilitate the establishment of subsequent voluntary local programs and to
periodically update information.
(d) Voluntary Local Program Plan Elements. The following elements shall be included in the voluntary local program:
(1) Area Description. A description of the
area to be covered by the voluntary local program needs to include: geographic
boundaries; the number of acres covered by the voluntary local program area;
the habitat enhancement opportunities and constraints bearing upon the
development of recommended management practices; candidate, threatened, and
endangered species and wildlife likely to benefit from the local program; and
reasonably attainable interim targets and long-range goals for increasing the
quantity and quality of wildlife habitat throughout the program area.
(2) Designated Representative. The local
program shall identify the name and address of one or more designated
representative(s) who will serve as a contact person for communications between
the voluntary local program and Department.
(3) List of Management Practices. The
management practices so listed shall be described in an appendix to the
voluntary local program in sufficient detail so that farmers, ranchers and
program reviewers may understand what the practices are, how these practices
may be recognized in the field, and how these practices are intended to
minimize the take of candidate, threatened and endangered species while
encouraging the enhancement of habitat. The Department shall not require land
set-aside or conservation easements as a management practice.
(4) Activities Covered by the Plan. A
description of the general types of agricultural activities covered and a
reasonable estimate of the type and amount of habitat to be maintained and
enhanced and how any significant adverse environmental effects are addressed by
the plan. This element may include a description of any agreements required
under section
1603 of
the Fish and Game Code that are intended to be approved during the term of the
voluntary local program.
(5) Best
Available Scientific Information. A statement with supporting evidence that the
management practices are supported by the best available scientific information
for both agricultural and habitat conservation practices. The Department shall
not require the development of additional scientific information or data as a
condition of approval for the voluntary local program.
(6) Flexibility. A statement with supporting
evidence that the voluntary local program is designed to provide sufficient
flexibility to maximize participation and to gain maximum wildlife benefits
without compromising the economics of agricultural operations.
(7) Environmental Analysis. An environmental
analysis meeting the requirements of this subsection shall be prepared and
submitted to the Department, except that when another public agency is acting
as lead agency under the California Environmental Quality Act, Public Resources
Code sections
21000
et seq. ("CEQA"), in the preparation and adoption of the local program, the
Department, acting as a responsible agency, will consider the lead agency's
environmental document in place of this environmental analysis. The
environmental analysis shall include a description of the proposed local
program and an analysis of any potentially significant adverse effects of the
local program on the environment.
(A) If no
potentially significant adverse effect is identified, a statement to that
effect shall be provided and supported by a checklist or other documentation,
based on substantial evidence.
(B)
If potentially significant adverse environmental effects are identified, the
following shall be included:
1. A detailed
statement of whether additional management practices are necessary to reduce
potentially significant adverse effects to a level less than significant;
and
2. If potentially significant
adverse effects remain after full consideration of the environmental benefits
from the proposed management practices, a detailed statement shall be prepared
of potentially feasible alternatives to the local plan and additional
potentially feasible management practices that would substantially lessen any
remaining potentially significant adverse environmental effects. The analysis
shall address both short-term and long-term significant effects on the
environment, and shall also address growth-inducing effects and potential
cumulative effects. The analysis shall identify any significant adverse
environmental impacts that remain after implementation of all reasonable and
feasible alternatives and management practices. If remaining significant
environmental effects are identified, it shall also include a statement
describing any public benefits of the plan, including the management practices
which substantially lessen the significant environmental effects of the
activity.
(8)
Administrative Plan. The written administrative plan, which describes how the
voluntary local program is administered, shall include: a record keeping
process which will document implementation of the program's management
practices while protecting the confidentiality of participants and conforming
with confidentiality under section
786.2(d)(10) of
this article; a procedure for developing, reviewing and revising
recommendations for management practices; a procedure for assessing the acreage
benefitting from the local program on an annual basis; and a procedure for
revoking the participation in the local program of any local program
participant who fails to conduct agricultural activities or recommended
management practices in a manner which is consistent with the requirements of
the local program. Failure to conduct an agricultural activity or recommended
management practice due to an act of nature or an event beyond the control of a
local program participant shall not constitute grounds for program or
individual participant revocation. Any participant whose enrollment is
involuntarily revoked shall be required to comply with the procedures for
withdrawal from the local program.
(9) Withdrawal and Termination of the
Voluntary Local Program. This element shall include terms and conditions for
withdrawing individual participation in the voluntary local program or for
termination of the entire voluntary local program. These terms and conditions
shall establish a reasonable time period and reasonable measures to minimize
impacts to listed species in the area during withdrawal from or termination of
the local program, without compromising the economics of agricultural
operations. These terms and conditions:
(A)
Shall provide for notice to the Department of intent to terminate the voluntary
local program or of the withdrawal of any individual farmer or
rancher.
(B) Shall not require land
set-aside for impacts to wildlife caused by withdrawing participation in the
voluntary local program, and shall not impose penalties or disincentives for
withdrawing participation.
(C)
Shall not prohibit take of listed species during termination or withdrawal
provided that the terms and conditions governing withdrawal or termination have
been followed.
(10)
Confidentiality. All information generated by a voluntary local program or an
individual landowner in the course of participation in the local program that
identifies or indicates the existence of endangered, threatened or otherwise
protected species or their habitat on a particular farm or ranch, including but
not limited to observations, records, correspondence and communications, shall
be confidential to the extent permitted by the Public Records Act and other
applicable laws. Confidentiality shall be ensured by the local program, members
of the program committee, all public agencies and each of their respective
agents and employees who obtain such information to the extent permitted by
law. Confidential information may only be used or shared as necessary for the
administration, approval or denial of a local program, or as otherwise required
by law or expressly authorized in this article. Nothing in this article waives,
compromises or eliminates any right of confidentiality recognized in the
state's Public Records Act or Evidence Code. Waiver of any right of
confidentiality for such information shall not be a condition for approval of a
local program or participation in a local program. The confidentiality
provisions of this section extend to the reports prepared pursuant to section
786.7 of this article unless the
release of information is authorized in writing by an individual landowner
specifically for that purpose.
(11)
Annual Report. The annual report shall include a summary of the acreage
benefitting from the local program and a summary of the success of the
management practices listed pursuant to subsection (d)(3) of this section and
recommendations, if any, on how to further improve voluntary participation by
farmers and ranchers and further improve benefits to wildlife. The annual
report shall not include information generated by a voluntary local program or
an individual landowner that identifies or indicates the existence of
endangered, threatened or otherwise protected species or their habitat on a
particular farm or ranch.
1. New
section filed 12-31-98; operative 12-31-98 pursuant to Government Code section
11343.4(d)
(Register 99, No. 1).
2. Amendment of section heading and section
filed 8-28-2002; operative 9-27-2002 (Register 2002, No.
35).
Note: Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2062, 2067, 2068, 2080 and 2086, Fish and Game Code.
Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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