Section 2089.23 - Landowner owning land abutting property enrolled in safe harbor agreement(a) A landowner that owns land that abuts a property enrolled in a state safe harbor agreement shall not be required, for purposes of an incidental take permit, to undertake the management activities set forth in the state safe harbor agreement, if all of the following conditions are met:(1) The neighboring landowner allows the department to determine baseline conditions on the property.(2) The neighboring landowner agrees to maintain the baseline conditions for the duration specified in the safe harbor agreement.(3) The department determines that allowing the neighboring landowner to receive an incidental take permit for the abutting property does not undermine the net conservation benefit determination made by the department in the approval of the safe harbor agreement.(4) The take authorized by the department will not jeopardize the continued existence of the species. This determination shall be made in accordance with subdivision (c) of Section 2081.(b)(1) Unless the department determines that it is inappropriate to do so based on the species listed in the permit, or any other factors, the neighboring landowner shall provide the department with at least 60 days' advance notice of any of the following: (A) Any incidental take that is anticipated to occur under the permit.(B) The neighboring landowner's plan to return to baseline conditions.(C) Any plan to transfer or alienate the neighboring landowner's interest in the land or water.(2)(A) If the department receives any notice described in paragraph (1), the neighboring landowner shall provide the department, its contractors, or agents with access to the land or water for purposes of safely removing or salvaging the species.(B) The department shall provide notice to the neighboring landowner at least seven days before accessing the land or water for the purposes of subparagraph (A). The notice shall identify each person selected by the department, its contractors, or agents to access the land or water.(C) Notwithstanding subparagraph (B), during the seven-day notice period, the neighboring landowner may object, in writing, to a person selected to access the land or water. If the neighboring landowner objects, another person shall be selected by the department, its contractors, or agents, and notification shall be provided to the neighboring landowner pursuant to subparagraph (B). However, if the neighboring landowner objects to a selection on two successive occasions, the neighboring landowner shall be deemed to consent to access to the land or water by a person selected by the department, its contractors, or agents. Failure by the neighboring landowner to object to the selection within the seven-day notice period shall be deemed consent to access the land or water by the person selected by the department, its contractors, or agents.Ca. Fish and Game Code § 2089.23
Amended by Stats 2010 ch 328 (SB 1330),s 67, eff. 1/1/2011.Added by Stats 2009 ch 184 (SB 448),s 1, eff. 1/1/2010.