Where there is evidence of an "active murrelet site" in or adjacent to the THP area, or where there is evidence of a potential impact to a murrelet, the Director shall consult with CDFW as to whether the proposed THP will result in a "take" or "jeopardy" (pursuant to the California Endangered Species Act) of the murrelet before the Director may approve or disapprove a THP. Biological Assessments submitted with the THP that are prepared according to the CDFW Guidelines for Consultation (F&GC § 2090) shall be provided to the CDFW during consultation. If CDFW determines jeopardy or a take will occur as a result of operations proposed in the THP, the Director shall disapprove the THP unless the THP is accompanied by authorization by a wildlife agency acting within its authority under state or federal Endangered Species Acts.
Cal. Code Regs. Tit. 14, § 919.11
2. Amendment of section and NOTE filed 5-21-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5 (Register 98, No. 21).
3. Change without regulatory effect amending section filed 2-17-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 7).
4. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
Note: Authority cited: Section 4551, Public Resources Code. Reference: Sections 2053, 2080.1, 2090- 2097, 2830 and 2835, Fish and Game Code; Sections 4513 and 4551.5, Public Resources Code; and the federal Endangered Species Act of 1973, 16 U.S.C. et seq.
2. Amendment of section and Note filed 5-21-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5 (Register 98, No. 21).
3. Change without regulatory effect amending section filed 2-17-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 7).
4. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).