Section 2805 Of Chapter 10. Natural Community Conservation Planning Act From California Fish And Game Code >> Division 3. >> Chapter 10.
2805
. The definitions in this section govern the construction of
this chapter:
(a) "Adaptive management" means to use the results of new
information gathered through the monitoring program of the plan and
from other sources to adjust management strategies and practices to
assist in providing for the conservation of covered species.
(b) "Candidate species" has the same meaning as defined in Section
2068.
(c) "Changed circumstances" are reasonably foreseeable
circumstances that could affect a covered species or geographic area
covered by the plan.
(d) "Conserve," "conserving," and "conservation" mean to use, and
the use of, methods and procedures within the plan area that are
necessary to bring any covered species to the point at which the
measures provided pursuant to Chapter 1.5 (commencing with Section
2050) are not necessary, and for covered species that are not listed
pursuant to Chapter 1.5 (commencing with Section 2050), to maintain
or enhance the condition of a species so that listing pursuant to
Chapter 1.5 (commencing with Section 2050) will not become necessary.
(e) "Covered species" means those species, both listed pursuant to
Chapter 1.5 (commencing with Section 2050) and nonlisted, conserved
and managed under an approved natural community conservation plan and
that may be authorized for take. Notwithstanding Sections 3511,
4700, 5050, or 5515, fully protected species may be covered species
pursuant to this subdivision, and taking of fully protected species
may be authorized pursuant to Section 2835 for any fully protected
species conserved and managed as a covered species under an approved
natural community conservation plan.
(f) "Department assurance" means the department's commitment
pursuant to subdivision (f) of Section 2820.
(g) "Monitoring program" means a program within an approved
natural community conservation plan that provides periodic
evaluations of monitoring results to assess the adequacy of the
mitigation and conservation strategies or activities and to provide
information to direct the adaptive management program. The monitoring
program shall, to the extent practicable, also be used to meet the
monitoring requirements of Section 21081.6 of the Public Resources
Code. A monitoring program includes all of the following:
(1) Surveys to determine the status of biological resources
addressed by the plan, including covered species.
(2) Periodic accountings and assessment of authorized take.
(3) Progress reports on all of the following matters:
(A) Establishment of habitat reserves or other measures that
provide equivalent conservation of covered species and providing
funding where applicable.
(B) Compliance with the plan and the implementation agreement by
the wildlife agencies, local governments, and landowners who have
responsibilities under the plan.
(C) Measurements to determine if mitigation and conservation
measures are being implemented roughly proportional in time and
extent to the impact on habitat or covered species authorized under
the plan.
(D) Evaluation of the effectiveness of the plan in meeting the
conservation objectives of the plan.
(E) Maps of land use changes in the plan area that may affect
habitat values or covered species.
(4) A schedule for conducting monitoring activities.
(h) "Natural community conservation plan" or "plan" means the plan
prepared pursuant to a planning agreement entered into in accordance
with Section 2810. The plan shall identify and provide for those
measures necessary to conserve and manage natural biological
diversity within the plan area while allowing compatible and
appropriate economic development, growth, and other human uses.
(i) "Person" has the same meaning as defined in Section 711.2.
(j) (1) "Plan participant," prior to approval of a natural
community conservation plan and execution of an implementation
agreement, means a signatory to the planning agreement.
(2) Upon approval of a natural community conservation plan and
execution of an implementation agreement, "plan participant" means
the permittees and any local agency that is a signatory to the
implementing agreement.
(k) "Unforeseen circumstances" means changes affecting one or more
species, habitat, natural community, or the geographic area covered
by a conservation plan that could not reasonably have been
anticipated at the time of plan development, and that result in a
substantial adverse change in the status of one or more covered
species.
(l) "Wildlife" has the same meaning as defined in Section 89.5.
(m) "Wildlife agencies" means the department and one or both of
the following:
(1) United States Fish and Wildlife Service.
(2) National Marine Fisheries Service.