Cal. Code Regs. tit. 14 § 749.1

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 749.1 - Special Order Relating to Incidental Take of Coho Salmon (Oncorhynchus Kisutch) During Candidacy Period

The commission finds that, based on current knowledge and protection and management efforts outlined in this regulation, including Exhibits A through D*, the level of habitat loss and take of coho salmon which is likely to occur during the period that this regulation is in effect will not cause jeopardy to the continued existence of the species.

(a) Take Authorization.

Based upon the above findings, the commission authorizes the take of coho salmon north of San Francisco (Exhibit A) during the candidacy period subject to the terms and conditions herein.

(1) Inland and Ocean Sport and Commercial Fishing.

Coho salmon may not be retained during sport or commercial fishing in any waters of the State. Incidentally hooked or netted coho salmon must be immediately released unharmed to the waters where they are hooked or netted.

(2) Suction Dredging.

Incidental take of coho salmon during suction dredging that complies with Section 228, Title 14, CCR, is authorized during the candidacy period.

(3) Research and Monitoring.

(A) Take of coho salmon by department personnel in the course of research and monitoring is authorized pursuant to Section 783.1(c), Title 14, CCR.

(B) Take of coho salmon in the course of research and monitoring by public agencies and private parties is authorized subject to restrictions in Exhibit B.

(4) Hatchery Operations.

Take of coho salmon by the Department of Fish and Game for hatchery management purposes is authorized pursuant to Section 783.1(c). Title 14, CCR.

(5) Habitat Restoration.

(A) Incidental take of coho salmon resulting from planning, assessment, inventory, construction, maintenance and monitoring activities consistent with the objectives of the Department of Fish and Game Fisheries Restoration Grants Program and carried out in the manner prescribed in the department's "California Salmonid Stream Habitat Restoration Manual -- Third Edition, January 1998", is authorized. Incidental take resulting from an activity not carried out in such manner is authorized only if the activity is performed under the supervision or oversight of, or is funded by the department.

(B) Incidental take resulting from activities performed by department employees related to constructing, installing, operating and maintaining facilities or stream features designed to eliminate or minimize barriers to fish migration and fish rescue operations is authorized pursuant to Section 783.1(c), Title 14, CCR.

(6) Extraction of Gravel Resources.

Incidental take of coho salmon resulting from the extraction of gravel resources in a stream or river, is authorized for the coho candidacy period provided that such activities are conducted in accordance with the measures specified in Exhibit C.

(7) Water Diversions.

Incidental take of coho salmon resulting from diversion of water, for any purpose, is authorized during the candidacy period, subject to the following conditions:

(A) Existing unscreened diversions may continue in operation through the candidacy period. Upon any future determination by the commission that coho salmon shall be added to the list of threatened or endangered species, incidental take for such diversions must be authorized under Fish and Game Code Section 2081(b) or be determined exempt from the permitting requirement under Fish and Game Code Section 2080.1.

(B) Diversions approved and constructed after the effective date of this section shall be screened and shall meet the Department of Fish and Game Fish Screening Criteria (dated June 19, 2000) included in this regulation as Exhibit D.

(C) Existing fish screens that are repaired, upgraded, or reconstructed during the candidacy period must meet the Department of Fish and Game Fish Screening Criteria (dated June 19, 2000) included in this regulation as Exhibit D.

(8) Department of Fish and Game Streambed Alteration Agreements.

Incidental take of coho salmon during the candidacy period is authorized for any project carried out in compliance with section 1601 or 1603 of the Fish and Game Code, for which a Lake or Streambed Alteration Agreement (Agreement) has been entered into between the department and the party undertaking the activity, provided that:

(A) any measures identified by the department as necessary to protect coho salmon are incorporated into the signed Agreement and are fully implemented by the party undertaking the activity; and

(B) the project otherwise complies with other relevant provisions of this section. Projects that will involve the extraction of mineral resources shall also comply with subsection (a)(6), and projects involving water diversions shall also comply with subsection (a)(7) of Section 749.1, Title 14, CCR.

(9) Pacific Lumber Company Habitat Conservation Plan.

Incidental take of coho salmon resulting from activities within the Plan and Permit Area described as Covered Activities in the "Habitat Conservation Plan for the Properties of The Pacific Lumber Company, Scotia Pacific Holding Company, and Salmon Creek Corporation, February 1999", is authorized during the candidacy period insofar as activities are conducted in accordance with the relevant Operating Conservation Plans.

(10) Forest Practices.

Incidental take of coho salmon is authorized during the candidacy period for otherwise lawful timber operations that comply with conditions specified in the revised final rule language, "Protection for Threatened and Impaired Watersheds, 2000", sections 895, 895.1, 898, 898.2, 914.8, 934.8, 954.8, 916, 936, 956, 916.2, 936.2, 956.2, 916.9, 936.9, 956.9, 916.11, 936.11, 956.11, 916.12, 936.12, 956.12, 923.3, 943.3, 963.3, 923.9, 943.9 and 963.9, Title 14, CCR (which can be found on the Board of Forestry website at www.fire.ca.gov/BOF/pdfs/FRLZ00011814.pdf).

(11) Additions, Modifications or Revocation.

(A) Incidental take of coho salmon north of San Francisco from activities not addressed in this section may be authorized during the candidacy period by the commission pursuant to Fish and Game Code Section 2084 or by the department pursuant to Fish and Game Code Section 2081, on a case-by-case basis.

(B) The commission may modify or repeal this regulation in whole or in part, pursuant to law, if it determines that any activity or project may cause jeopardy to the continued existence of coho salmon north of San Francisco.

* A copy of Exhibits A through D which are referenced in this regulation is available upon request from the Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, CA 94255-2090 (Telephone 916 653-4899).

Cal. Code Regs. Tit. 14, § 749.1

1. New section and Exhibits A-D filed 4-26-2001 as an emergency; operative 4-26-2001 (Register 2001, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-24-2001 or emergency language will be repealed by operation of law on the following day.
2. New section and Exhibits A-D refiled 8-23-2001 as an emergency; operative 8-25-2001 (Register 2001, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-24-2001 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 1).
4. New section and Exhibits A-D filed 12-31-2001 as an emergency; operative 12-31-2001 (Register 2002, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-2002 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-31-2001 order, including amendment of subsection (a)(5)(A) and repealer and new Exhibit A, transmitted to OAL 4-26-2002 and filed 6-6-2002 (Register 2002, No. 23).
6. Change without regulatory effect amending NOTE filed 8-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 32).

Note: Authority cited: Sections 200, 205, 265 and 2084, Fish and Game Code. Reference: Sections 200, 205, 265, 2080, 2084 and 2085, Fish and Game Code.

1. New section and Exhibits A-D filed 4-26-2001 as an emergency; operative 4-26-2001 (Register 2001, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-24-2001 or emergency language will be repealed by operation of law on the following day.
2. New section and Exhibits A-D refiled 8-23-2001 as an emergency; operative 8-25-2001 (Register 2001, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-24-2001 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 1).
4. New section and Exhibits A-D filed 12-31-2001 as an emergency; operative 12-31-2001 (Register 2002, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-2002 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-31-2001 order, including amendment of subsection (a)(5)(A) and repealer and new Exhibit A, transmitted to OAL 4-26-2002 and filed 6-6-2002 (Register 2002, No. 23).
6. Change without regulatory effect amending Note filed 8-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 32).