Section 2722 Of Article 2. Habitat Conservation Program From California Fish And Game Code >> Division 3. >> Chapter 7.5. >> Article 2.
2722
. (a) Whenever the application of the criteria specified in
Section 2721 results in the identification of two or more parcels of
land that are essentially indistinguishable as to their quality,
preference shall be given to the parcel on which exists the species
that is more threatened or more endangered.
(b) Whenever the application of the criteria specified in Section
2721 results in the identification of two or more parcels of land
that are essentially indistinguishable as to their quality and the
degree of threat to, or endangerment of, the species existing on
them, preference shall be given to the parcel on which exists the
best example of the species. As used in this subdivision, "best
example" means the parcel of land and the wildlife inhabiting it
which, in balancing all the factors present, represents, as
determined by the board, the stronger combination of all of the
following: the better condition, higher quality, easier
defensibility, greater likelihood of long-term viability, and the
lesser costs to be incurred by the department in operating and
maintaining the parcel.