Section 1797.5 Of Chapter 7.9. Conservation Bank And Mitigation Bank Applications And Fees From California Fish And Game Code >> Division 2. >> Chapter 7.9.
1797.5
. For the purposes of this chapter, the following terms shall
have the following meanings:
(a) "Bank" means a conservation bank, mitigation bank, or
conservation and mitigation bank.
(b) "Bank enabling instrument" means a written agreement with the
department regarding the establishment, use, operation, and
maintenance of the bank.
(c) "Bank sponsor" means the person or entity responsible for
establishing and operating a bank.
(d) "Conservation bank" means a publicly or privately owned and
operated site that is to be conserved and managed in accordance with
a written agreement with the department that includes provisions for
the issuance of credits, on which important habitat, including
habitat for threatened, endangered, or other special status species,
exists, has been, or will be created to do any of the following:
(1) Compensate for take or other adverse impacts of activities
authorized pursuant to Chapter 1.5 (commencing with Section 2050) of
Division 3.
(2) Reduce adverse impacts to fish or wildlife resources from
activities, authorized pursuant to Chapter 6 (commencing with Section
1600) of Division 2, to less than substantial.
(3) Mitigate significant effects on the environment pursuant to
the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code) and Guidelines for
Implementation of the California Environmental Quality Act (Chapter 3
(commencing with Section 15000) of Division 6 of Title 14 of the
California Code of Regulations).
(4) Establish mitigation in advance of any impacts or effects.
(5) To the extent feasible and practicable, protect habitat
connectivity for fish and wildlife resources for purposes of this
section.
(e) "Conservation easement" means a perpetual conservation
easement, as defined by Section 815.1 of the Civil Code, covering the
real property that comprises the bank site.
(f) "Mitigation bank" means either of the following:
(1) A bank site or mitigation bank site as defined by Section
1777.2.
(2) Any publicly or privately owned and operated site, other than
those defined by Section 1777.2, on which wetlands exist, have been,
or will be created, and that is to be conserved and managed in
accordance with a written agreement with the department for any of
the purposes described in paragraphs (1) to (4), inclusive, of
subdivision (d).
(g) "Person" has the meaning set forth in subdivision (b) of
Section 711.2.
(h) "Prospectus" means a written summary of the proposed bank
containing a sufficient level of detail to support informed
department review and comment.