Section 2089.23 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.
2089.23
. (a) A landowner that owns land that abuts a property
enrolled in a state safe harbor agreement shall not be required, for
purposes of an incidental take permit, to undertake the management
activities set forth in the state safe harbor agreement, if all of
the following conditions are met:
(1) The neighboring landowner allows the department to determine
baseline conditions on the property.
(2) The neighboring landowner agrees to maintain the baseline
conditions for the duration specified in the safe harbor agreement.
(3) The department determines that allowing the neighboring
landowner to receive an incidental take permit for the abutting
property does not undermine the net conservation benefit
determination made by the department in the approval of the safe
harbor agreement.
(4) The take authorized by the department will not jeopardize the
continued existence of the species. This determination shall be made
in accordance with subdivision (c) of Section 2081.
(b) (1) Unless the department determines that it is inappropriate
to do so based on the species listed in the permit, or any other
factors, the neighboring landowner shall provide the department with
at least 60 days' advance notice of any of the following:
(A) Any incidental take that is anticipated to occur under the
permit.
(B) The neighboring landowner's plan to return to baseline
conditions.
(C) Any plan to transfer or alienate the neighboring landowner's
interest in the land or water.
(2) (A) If the department receives any notice described in
paragraph (1), the neighboring 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.
(B) The department shall provide notice to the neighboring
landowner at least seven days before accessing the land or water for
the purposes of subparagraph (A). The notice shall identify each
person selected by the department, its contractors, or agents to
access the land or water.
(C) Notwithstanding subparagraph (B), during the seven-day notice
period, the neighboring landowner may object, in writing, to a person
selected to access the land or water. If the neighboring landowner
objects, another person shall be selected by the department, its
contractors, or agents, and notification shall be provided to the
neighboring landowner pursuant to subparagraph (B). However, if the
neighboring landowner objects to a selection on two successive
occasions, the neighboring 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 the neighboring landowner to
object to the selection within the seven-day notice period shall be
deemed consent to access the land or water by the person selected by
the department, its contractors, or agents.