Section 2081.5 Of Article 3. Taking, Importation, Exportation, Or Sale From California Fish And Game Code >> Division 3. >> Chapter 1.5. >> Article 3.
2081.5
. If an ongoing surface mining operation has been issued a
permit pursuant to Section 2770 of the Public Resources Code by the
lead agency, as defined in Section 2728 of the Public Resources Code,
is in compliance with the permit with regard to matters relating to
plants, and is in compliance with any memorandum of understanding
with the department for any of the purposes specified in Section 2081
of this code, the following provisions shall apply:
(a) The surface mining operator is not liable for criminal
prosecution pursuant to this code for any take of a threatened or
endangered plant species that is incidental to the surface mining
operation.
(b) If a plant species that exists on the private property of the
surface mining operator is added to the list of threatened species or
endangered species pursuant to this chapter after the date that the
operator was issued the permit, or if a plant species on the list of
threatened species or endangered species adopted pursuant to this
chapter is newly discovered on the private property of the operator
after that date, the department shall notify the operator by mail
within 14 days of the addition to the list or knowledge of the new
discovery by the department. Within 30 days from the date of the
notification, the department shall meet with the operator to discuss
an interim and permanent plan for the protection of the newly added
or newly discovered plant species. Within 60 days of the initial
meeting with the operator, the department shall issue reasonable and
feasible interim management measures required to protect the newly
added or newly discovered plant species that take into account the
economic impact on the surface mining operation. The department shall
work with the operator to develop and finalize a reasonable
memorandum of understanding for one of the purposes specified in
Section 2081 for the protection of the newly added or newly
discovered plant species as expeditiously as possible. Both the
interim management measures and the final memorandum of understanding
shall, to the extent feasible, avoid interference with ongoing
surface mining operations. The department shall send a copy of the
final memorandum of understanding to the lead agency that issued the
permit to the operator for the lead agency's information.
(c) The surface mining operator shall pay a fee to the department
in the amount the department determines is necessary to pay the
department's actual costs incurred in preparing interim management
measures and developing and finalizing a memorandum of understanding
for the protection of the newly added or newly discovered plant
species. The fees shall be deposited in the Endangered and Rare Fish,
Wildlife, and Plant Species Conservation and Enhancement Account in
the Fish and Game Preservation Fund and, notwithstanding Section
13340 of the Government Code, are continuously appropriated to the
department for purposes of implementing this section.