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 3 - Incidental Take Permit Guidelines for Timber Operations
Section 787.6 - Jeopardy from Timber Operations Prohibited

(a) A jeopardy determination will be made using an analysis at the scale of the coho salmon recovery unit and will be made for the Evolutionarily Significant Unit. A jeopardy determination must be based upon the best scientific and other information that is reasonably available, which may include, but not necessarily be limited to, consideration of:

(b) The Department could determine that proposed timber operations will jeopardize the continued existence of coho salmon if one or more of the following criteria are met and the impact will likely reduce the numbers of coho salmon in the recovery unit returning to spawn successfully in future years.

(c) Where the Department determines that proposed timber operations are likely to jeopardize the continued existence of coho salmon, the Department shall consult, upon request by the project proponent or Lead Agency, and specify reasonable and prudent minimization and mitigation measures which, if fully implemented, will avoid jeopardy while maintaining the project purpose to the greatest extent possible.

(d) Where, following such consultation, the project proponent declines to incorporate any of the specified reasonable and prudent minimization and mitigation measures into the proposed project, the Department shall not issue an incidental take permit. If, however, the project proponent agrees to incorporate all of the specified reasonable and prudent minimization and mitigation measures into the proposed project to avoid jeopardy, the Department may issue an incidental take permit if the permit issuance criteria set forth in Section 2081(b) are met.