Section 2089.12 Of Article 3.7. California State Safe Harbor Agreement Program Act From California Fish And Game Code >> Division 3. >> Chapter 1.5. >> Article 3.7.
2089.12
. (a) Unless the department determines that it is
inappropriate to do so based on the nature of the management actions
being proposed, the species listed in the permit, or other factors,
the agreement shall require that the landowner provide the department
with at least 60 days' advance notice of any of the following:
(1) Any incidental take that is anticipated to occur under the
agreement.
(2) The landowner's plan to return to baseline at the end of the
agreement.
(3) Any plan to transfer or alienate the landowner's interest in
the land or water.
(b) (1) If the department receives any notice described in
subdivision (a), the landowner shall provide the department, its
contractors, or agents with access to the land or water for purposes
of safely removing or salvaging the species.
(2) The department shall provide notice to the landowner at least
seven days prior to accessing the land or water for the purposes of
paragraph (1). The notice shall identify each person selected by the
department, its contractors, or agents to access the land or water.
(3) Notwithstanding paragraph (1), during the seven-day notice
period, a landowner may object, in writing, to a person selected to
access the land or water. If a landowner objects, another person
shall be selected by the department, its contractors, or agents, and
notification shall be provided to the landowner pursuant to paragraph
(2). However, if a landowner objects to a selection on two
successive occasions, the landowner shall be deemed to consent to
access to the land or water by a person selected by the department,
its contractors, or agents. Failure by a landowner to object to the
selection within the seven-day notice period shall be deemed consent
to access the land or water by a person selected by the department,
its contractors, or agents.
(4) If the landowner objects to a person selected to access the
land or water pursuant to paragraph (3), the 60-day notice period
described in subdivision (a) shall be tolled for the period between
the landowner's objection to a person selected for access to the land
or water and the landowner's consent to a person selected for access
to the land or water.