Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Department
may permit incidental take of coho salmon from timber operations by
certification of compliance under this section if all of the following are
satisfied:
(1) The permittee certifies in
writing that the permittee agrees to comply with and incorporate into its
timber operations all minimization and mitigation measures specified in Forest
Practice Rules, California Code of Regulations, title 14, sections
916.9.1 (936.9.1), 916.9.2,
(936.9.2), 923.9.1 (943.9.1), and 923.9.2 (943.9.2) as identified and described
in a THP or Notice of Timber Operations attached to the certification.
Preconsultation with the Department prior to submittal of the certification and
attached THP or Notice of Timber Operations is strongly recommended in order to
facilitate acceptance and return receipt of the certification.
(2) The permittee includes implementation and
effectiveness monitoring procedures and schedules in the Timber Harvesting Plan
(THP) or Notice of Timber Operations. Monitoring which is specified in the THP
or Notice of Timber Operations to meet other regulatory requirements may be
determined by the Department to satisfy the issuance criteria for an incidental
take permit
(3) The permittee
provides a financial security for performance with terms and in an amount
acceptable to the Department in accordance with section
787.8.
(4) The permittee provides written consent to
the Department for access to inspect timber operations during and following
completion of operations for compliance monitoring.
(5) The Department returns a signed receipt
of the certification finding that it meets the requirements of Sections
2081(b) and
(c) of the Fish and Game Code. If any
requirement is not met (e.g., a financial security in a form and amount
acceptable to the Department is not provided), the Department shall deny the
certification and notify the permittee.
(6) The THP or Notice of Timber Operations
which is the subject of the certification is approved by the California
Department of Forestry and Fire Protection.
(b) Effect of Certification.
(1) A certification that is signed by the
Department is an incidental take permit for coho salmon that becomes effective
only after both of the following have occurred:
(A) The permittee receives the signed
certification from the Department from the appropriate regional office;
and
(B) The THP or Notice of Timber
Operations attached to the certification, which contains the required
minimization and mitigation measures, is approved by the California Department
of Forestry and Fire Protection;
(2) The incidental take permit by
certification authorizes incidental take of coho salmon from the timber
operations described in the THP or Notice of Timber Operations that is attached
to the certification. Any incidental take from operations that deviate from
such timber operations, whether under subsequent amendments to the THP or
Notice of Timber Operations or otherwise, is not authorized by this permit by
certification.
(3) CESA
implementing regulations governing permit revocation and suspension (California
Code of Regulations, title 14, section
783.7) apply to an incidental take
permit by certification.
(c) Form of Certification. The certification
required by section
787.7 shall take substantially the
following form:
CERTIFICATION OF COMPLIANCE
I certify that all of the minimization and mitigation
measures set forth in Forest Practice Rules, California Code of Regulations,
title 14, sections
916.9.1 (936.9.1), 916.9.2,
(936.9.2), 923.9.1 (943.9.1), and 923.9.2 (943.9.2) including any alternative
measures provided in these sections are included as enforceable elements of the
attached Timber Harvesting Plan (THP) or Nonindustrial Timber Management Plan
(NTMP) Notice of Timber Operations.
I acknowledge that these measures are roughly
proportional in extent to the impact of the authorized take of the species, the
measures maintain my project objectives to the greatest extent possible, and
they are capable of successful implementation. I understand that this permit
allows incidental take of coho salmon pursuant to CESA; it does not authorize
the violation of any Federal, State or local laws or regulations. I understand
that this incidental take permit becomes effective after both of the following
have occurred:
(1) the THP or Notice
of Timber Operations containing the required measures is approved by the
Department of Forestry and Fire Protection; and
(2) I have received receipt of the
certification signed by the Department of Fish and Game from the appropriate
address below. I understand that this certification permits incidental take of
coho salmon from the timber operations described in the attached THP or Notice
of Timber Operations. Any incidental take from operations that deviate from
such timber operations, whether under subsequent amendments to the THP or
Notice of Timber Operations or otherwise, is not authorized by this permit by
certification.
I certify that the information submitted in this
certification is complete and accurate to the best of my knowledge and belief.
I understand that any false statement herein or failure to comply with the
terms of the permit (e.g., unauthorized take under CESA for undertaking a
project that differs from the one described in the attached THP or Notice of
Timber Operations, or failure to properly implement required minimization and
mitigation measures) may subject me to suspension or revocation of this permit
and to civil and criminal penalties under the laws of the State of
California.
THP or NTMP designation: __________
Proposed beginning date of timber operations:
__________
End date for timber operations: __________
Attached is the security for performance, calculated in
accordance with section
787.8, ensuring adequate funding
to implement measures to minimize and fully mitigate impacts of authorized
take, and for monitoring compliance with and effectiveness of, those measures.
The undersigned is responsible for immediately notifying the Department of Fish
and Game of any deviations from the above.
| ___________________________ |
| (RPF or authorized
signature) | Date |
The undersigned is authorized to provide consent to the
Department of Fish and Game to access and inspect the subject timber operations
during and following completion of operations, and hereby provides such
authorization to the Department of Fish and Game.
| ___________________________ |
| (authorized representative
signature) | Date |
For Del Norte, Humboldt, Mendocino, Siskiyou or Trinity
Counties
REGIONAL MANAGER
DEPARTMENT OF FISH AND GAME
601 LOCUST STREET
REDDING, CA 96001
(530) 225.2300
For Santa Cruz, San Mateo, Marin, or Sonoma
Counties
REGIONAL MANAGER
DEPARTMENT OF FISH AND GAME
P.O. BOX 47
YOUNTVILLE, CA 94599
(707) 944.5500
The Department of Fish and Game [circle one: finds/does
not find] that:
(1) the activities
identified in the attached THP or NTMP Notice of Timber Operations may result
in take of coho salmon incidental to an otherwise lawful activity; where the
Department of Fish and Game finds that the activities may result in incidental
take, the Department of Fish and Game finds that:
(2) the impacts of authorized take will be
minimized and fully mitigated; the measures required to meet this obligation
are roughly proportional in extent to the impact of the authorized take; where
various measures are available to meet this obligation, the impacts of take,
the measures maintain the applicant's objectives to the greatest extent
possible; and the measures are capable of successful implementation;
(3) this permit by certification of
compliance is consistent with regulations adopted pursuant to Sections
2112
and
2114 of
the Fish and Game Code;
(4) the
permittee has assured adequate funding to implement the required measures and
for monitoring compliance with and effectiveness of those measures;
(5) and issuance of the permit by
certification which is approved by the signature below will not jeopardize the
continued existence of coho salmon. The Department of Fish and Game's findings
are based upon the certification submitted; the approved THP or Notice of
Timber Operations and associated environmental review and impact analysis; the
administrative records supporting the incorporated Forest Practice Rules,
California Code of Regulations, title 14, sections
916.9.1 (936.9.1), 916.9.2,
(936.9.2), 923.9.1 (943.9.1), and 923.9.2 (943.9.2), and the Incidental Take
Permit Guidelines for Timber Operations, section
787.0
et seq.,
and other information the Department of Fish and Game had before it at the time
of the certification.
| ___________________________ |
| DFG Regional Manager | Date |
(d) Department Review and Response. The
Department shall review and approve or deny the certification as soon as
possible and no later than 30 days following receipt of all information
specified in California Code of Regulations, title 14, section
783.4 by the appropriate Regional
Manager.
1. New
section filed 2-11-2008; operative 2-11-2008 pursuant to Government Code
section
11343.4
(Register 2008, No. 7).
Note: Authority cited: Sections
702,
2081(d)
and
2112,
Fish and Game Code. Reference: Sections
702,
2081(b),
2081(c)
and
2112,
Fish and Game Code.
