Article 7. Recovery Strategy Pilot Program of California Fish And Game Code >> Division 3. >> Chapter 1.5. >> Article 7.
(a) The department may develop and implement a recovery
strategy pilot program for coho salmon.
(b) The department shall seek private and federal funding for
implementation of the coho salmon recovery strategy pilot program. No
additional state funds may be expended for the implementation of the
program until the Legislature specifically appropriates funds for
(a) For each species identified pursuant to Sections 2105 and
2106, the department shall assemble a recovery strategy team
consisting of, but not limited to, department personnel, other state
agency personnel if found by the department to be appropriate,
federal agency personnel to the extent permitted by federal law if
found by the department to be appropriate, representatives of
affected local governments, representatives of affected landowners,
and representatives of environmental groups, as well as persons who
possess scientific expertise.
(b) Each recovery team shall work collaboratively to aid the
department in developing the recovery strategy for that species for
which the recovery team is assembled.
(c) The department shall consider information from all persons
likely to be affected by the implementation of a recovery strategy
and from persons knowledgeable in those subject areas pertinent to
the species' recovery in developing the recovery strategy for each
A recovery strategy for a species shall contain all of the
(a) An explanation of scientific knowledge and assumptions
regarding the biology, habitat requirements, and threats to the
existence of the species.
(b) An explanation of interim and long-term goals and objectives
for the conservation of the species. The recovery goals and
objectives shall be specifically stated.
(c) A range of alternative interim and long-term conservation and
management goals and activities. An explanation of any recommended
activities shall be included in the recovery strategy.
(d) An estimate of the time and costs required to meet the interim
recovery goals for the species, including available or anticipated
funding sources, and an initial projection of the time and costs
associated with meeting final recovery goals. These costs shall
include direct and indirect costs and public and private costs.
(e) Objective measurable criteria to determine whether the goals
and objectives of the recovery strategy are being met and that
contain procedures for the recognition of successful recovery, that
may include commercial use where appropriate, and downlisting or
delisting, if applicable.
(f) A description of actions and recommendations to implement the
recovery strategy. The implementation plan shall include, if
appropriate, recommendations to reduce adverse social and economic
impacts of implementation of the recovery strategy. These
recommendations shall be consistent with the recovery goals and
(g) A description of the following elements necessary to achieve
the goals of the recovery strategy:
(1) The availability and use of public lands for the conservation,
protection, restoration, and enhancement of the species.
(2) Methods of private and public cooperation.
(3) Procedures and programs for notice, education, research,
monitoring, and strategy modification.
(h) The expected time necessary to meet the interim recovery goals
and provisions and triggers for review and amendment of the
(i) An implementation schedule.
The department shall include general policies to guide the
department's issuance of a permit pursuant to Section 2080.1 or 2081
if the department determines, based on the best available scientific
information, that the general policies are consistent with the
recommended recovery strategy.
After the department submits the recovery strategy to the
commission, the commission shall hold a public hearing to consider
approval of the recovery strategy. The commission shall approve the
recovery strategy if, considering all relevant evidence, the
commission finds that the recovery strategy meets all of the
(a) The recovery strategy would conserve, protect, restore, and
enhance the species.
(b) The recovery strategy is supported by the best available
(c) The recovery strategy would recover a formerly commercially
valuable species to a level of abundance that would permit commercial
use of that species.
(d) The recovery strategy contains all of the information required
by Section 2109.
If the commission does not approve the recovery strategy
pursuant to Section 2111 because it could not make all of the
necessary findings, it shall specify why the required finding could
not be made. If the commission determines that the strategy could be
amended to address the issues identified by the commission, it may
direct the department to revise the recovery strategy within six
months and resubmit it to the commission.
If a recovery strategy for one of the species identified
pursuant to Section 2105 or 2106 includes policies to guide the
department's issuance of memoranda of understanding pursuant to
Section 2081 and the department's consultation procedures pursuant to
Section 2090, the department shall develop and adopt rules and
guidelines to implement those policies. The rules and guidelines
shall be based upon the best available scientific evidence and shall
be consistent with the recovery strategy adopted. The rules and
guidelines may clearly specify conditions and circumstances under
which the taking of a species listed as a threatened species or
endangered species would be prohibited by the department, or,
conversely, when it would not require a memorandum of understanding
pursuant to Section 2081.
After approval of a recovery strategy by the commission, the
department shall consult with the recovery strategy team assembled
for that species pursuant to Section 2107 and report to the
commission on an annual basis on the status and progress of the
implementation of the recovery strategy. The strategy shall be the
basis for the species reviews pursuant to Section 2077.
If the commission elects to authorize the preparation of a
recovery strategy prior to or in conjunction with a decision to add a
species to a list pursuant to Section 2075.5, the required
rulemaking pursuant to subdivision (b) of that section shall be
delayed not more than one year, which the commission may extend for
not more than an additional six months, until a final determination
is made on the recovery strategy. The rulemaking proceedings shall
include all policies, rules, or guidelines adopted pursuant to
Sections 2111 and 2112 and shall consider the recovery strategy and
information received in its development and adoption. The recovery
strategy itself shall have no regulatory significance, shall not be
considered to be a regulation for any purpose, including the
rulemaking provisions of Chapter 3.5 (commencing with Section 11340)
of Division 3 of Title 2 of the Government Code, and is not a
regulatory action or document.
The two hundred thousand dollars ($200,000) appropriated in
the Budget Act of 1997 for the purposes of this article shall be used
for the Greater Sandhill crane. Any money that is not used to
develop a recovery plan for that species may be used by the
department to implement the recovery plan for that species. Section
2098 does not apply to any costs relating to this article.
This article does not affect the recovery strategy for coho
salmon prepared by the department in August 2003. This article does
not affect regulations adopted pursuant to Section 2112 by the State
Board of Forestry and Fire Protection, or preclude that board from
amending those regulations in accordance with the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code). This article does
not change the existing requirements for the issuance of incidental
take permits pursuant to Section 2081.
This article shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2017, deletes or extends
that date. However, this section does not apply to a recovery
strategy that is approved or implemented pursuant to this article on
or before January 1, 2017, and those recovery strategies, and any
permits or memoranda of understanding relating thereto, shall remain
effective as if this article had not been repealed.