Section 2089.6 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.
2089.6
. In addition to the other provisions of this article, the
department may authorize acts that are otherwise prohibited pursuant
to Section 2080 through an agreement, including a programmatic
agreement, if all the following conditions are met:
(a) The department receives a complete application containing all
of the information described in Section 2089.8.
(b) The take is incidental to an otherwise lawful activity.
(c) The department finds that the implementation of the agreement
is reasonably expected to provide a net conservation benefit to the
species listed in the application. This finding shall be based, at a
minimum, upon the determination that the agreement is of sufficient
duration and has appropriate assurances to realize these benefits.
(d) The take authorized by the agreement will not jeopardize the
continued existence of the species. This determination shall be made
based on the provisions of subdivision (c) of Section 2081.
(e) The department finds that the landowner has agreed, to the
maximum extent practicable, to avoid or minimize any incidental take
authorized in the agreement, including returning to baseline.
(f) The department has established or approved a monitoring
program, based upon objective scientific methodologies, to provide
information for the department to evaluate the effectiveness and
efficiency of the agreement program, including whether the net
conservation benefits set forth in the agreement are being achieved
and whether the participating landowner is implementing the
provisions of the agreement.
(g) The department has determined that sufficient funding is
ensured, for it or its contractors or agents, to determine baseline
conditions on the property, and that there is sufficient funding for
the landowner to carry out management actions and for monitoring for
the duration of the agreement.
(h) Implementation of the agreement will not be in conflict with
any existing department-approved conservation or recovery programs
for the species covered by the agreement.