2005 California Fish and Game Code Sections 2105-2115.5 Article 7. Recovery Strategy Pilot Program

2105.  The department shall develop and implement a recovery
strategy pilot program for the  Greater Sandhill crane (Grus
canadensis tabida).  The objective of this pilot program is the
development of recovery strategies with the goal that the regulations
or other protections for species listed pursuant to this chapter are
  not necessary.
2106.  (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
that purpose.
2107.  (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
species.
2109.  A recovery strategy for a species shall contain all of the
following information:
   (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 recovery goals.  The
interim goals shall be specifically stated.  The long-term goals may
be specifically stated if the department determines that adequate
information exists to reasonably identify long-term goals; if not,
the strategy may contain general long-term goals that will be
clarified as the recovery strategy is updated pursuant to subdivision
(g).
   (c) A range of alternative interim and long-term conservation and
management goals and activities.  The department shall report why it
prefers the activities it recommends.
   (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) A description of actions and recommendations, including
voluntary incentives and objective criteria for delisting and
deregulation, if applicable, that will be needed to minimize the
adverse social and economic impacts of implementation of the recovery
strategy and a discussion of the range of recovery alternatives
considered in the strategy.
   (f) 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.
   (g) The expected time necessary to meet the interim recovery goals
and provisions and triggers for review and amendment of the
strategy.  If final recovery goals are not specifically stated, the
strategy shall contain a timetable for an update of the plan to
clarify the long-term goals.
   (h) Objective measurable criteria by which to determine whether
the goals and objectives of the recovery strategy are being met and
procedures for recognition of successful recovery, including
commercial use if appropriate, and downlisting or delisting, if
applicable.
   (i) An implementation schedule.
2110.  If the department determines, based on the best scientific
evidence available, that the recovery strategy should also contain
specifications regarding allowable taking of the species and
guidelines for consultation, the recommended recovery strategy shall
also contain general policies to guide the department's issuance of a
permit pursuant to Section 2081.  The general policies shall be
consistent with the recommended recovery strategy.
2111.  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
following criteria:
   (a) The recovery strategy would conserve, protect, restore, and
enhance the species.
   (b) The recovery strategy and implementation schedule are capable
of being carried out in a scientifically, technologically, and
economically reasonable manner.
   (c) The recovery strategy is supported by the best available
scientific data.
   (d) The recovery strategy represents an equitable apportionment of
both public and private and regulatory and nonregulatory
obligations.
   (e) The recovery strategy would recover a formerly commercially
valuable species to a level of abundance that would permit commercial
use of that species.
2111.5.  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.
2112.  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.
2113.  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.
2114.  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.
2115.  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
2106 shall become operative only upon the appropriation of funds by
the Legislature for its purposes.  Section 2098 does not apply to any
costs relating to this article.
2115.5.  This article shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2009, 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, 2009, and those recovery strategies, and any
permits or memoranda of understanding relating thereto, shall remain
effective as if this article had not been repealed.