2009 California Fish and Game Code - Section 2086-2089 :: Article 3.5. Incidental Take Associated With Routine And Ongoing Activities

2086.  (a) The department, in cooperation with the Department of
Food and Agriculture, agricultural commissioners, extension agents,
farmers, ranchers, and other agricultural experts, shall adopt
regulations that authorize locally designed voluntary programs for
routine and ongoing agricultural activities on farms or ranches that
encourage habitat for candidate, threatened, and endangered species,
and wildlife generally. Agricultural commissioners, extension agents,
farmers, ranchers, or other agricultural experts, in cooperation
with conservation groups, may propose such programs to the
department. The department shall propose regulations for those
programs not later than July 1, 1998.
   (b) Programs authorized under subdivision (a) shall do all of the
following:
   (1) Include management practices that will, to the maximum extent
practicable, avoid and minimize take of candidate, endangered, and
threatened species, while encouraging the enhancement of habitat.
   (2) Be supported by the best available scientific information for
both agricultural and conservation practices.
   (3) Be consistent with the policies and goals of this chapter.
   (4) Be designed to provide sufficient flexibility to maximize
participation and to gain the maximum wildlife benefits without
compromising the economics of agricultural operations.
   (5) Include terms and conditions to allow farmers or ranchers to
cease participation in a program without penalty. The terms and
conditions shall include reasonable measures to minimize take during
withdrawal from the program.
   (c) Any taking of candidate, threatened, or endangered species
incidental to routine and ongoing agricultural activities that occurs
while the management practices specified by paragraph (1) of
subdivision (b) are followed, is not prohibited by this chapter.
   (d) (1) The department shall automatically renew the authorization
for these voluntary programs every five years, unless the
Legislature amends or repeals this section in which case the program
shall be revised to conform to this section.
   (2)  Commencing in 2000, and every five years thereafter, the
department shall report to the appropriate policy committees of the
Legislature regarding the effect of the programs. The department
shall consult with the Department of Food and Agriculture in
evaluating the programs and preparing the report. The report shall
address factors such as the temporary and permanent acreage
benefiting from the programs, include an estimate of the amount of
land upon which routine and ongoing agricultural activities are
conducted, provide examples of farmer and rancher cooperation, and
include recommendations to improve the voluntary participation by
farmers and ranchers.
   (e) If the authorization for these programs is not renewed or is
modified under subdivision (d), persons participating in the program
shall be allowed to cease participating in the program in accordance
with the terms and conditions specified in paragraph (5) of
subdivision (b), without penalty.

2087.  (a) Accidental take of candidate, threatened, or endangered
species resulting from acts that occur on a farm or a ranch in the
course of otherwise lawful routine and ongoing agricultural
activities is not prohibited by this chapter.
   (b) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.

2088.  This article does not authorize the take of fish species and
does not apply to timber harvesting governed by the State Board of
Forestry. "Fish species" as used in this section means a member of
the class Osteichthyes.

2089.  Routine and ongoing agricultural activities shall be defined
by the department by regulation and shall not include the conversion
of agricultural land to a nonagricultural use.