§ 1671
368 words·~2 min read·
/ca/fish-and-game-code/1671A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this chapter:
(a)“Baseline conditions” means existing native fish, wildlife, or plant population sizes, and the extent and quality of native fish, wildlife, or plant habitat in the area that would be affected by a qualifying restoration project. Fish, wildlife, plant, or habitat restoration activities required to satisfy avoidance, minimization, or mitigation requirements, or any combination of those requirements, for regulatory permits or approvals, regulatory enforcement actions or settlements, court orders, or other enforceable legal obligations shall be considered part of the baseline conditions, and those activities shall not count toward a substantial net benefit.
(b)“Management” means an activity, such as restoration of native fish, wildlife, plants, or their habitat and propagation, that will benefit, aid the conservation of, and assist in the recovery of a native fish, wildlife, or plant species.
(c)“Propagation” means activities that help sustain or increase native fish, wildlife, or plant populations for scientific, conservation, management, or educational purposes.
(1)“Qualifying restoration project” means a management or propagation project that has the primary purpose of restoring native fish, wildlife, plants, or their habitat and that would result in a substantial net benefit to any one or more of the following, as determined by the department:
(A)Native fish.
(B)Native wildlife.
(C)Native plants.
(D)The habitat of native fish, native wildlife, or native plants.
(2)A qualifying restoration project may also have secondary or incidental benefits, including, but not limited to, flood risk reduction, recreation, or groundwater recharge.
(e)“Substantial net benefit” means a substantial, cumulative benefit to native fish, wildlife, plants, or their habitat, or any combination thereof, above baseline conditions that the department reasonably expects to result from a qualifying restoration project. In determining whether the department reasonably expects a qualifying restoration project to result in a substantial net benefit, the department shall consider the duration of the qualifying restoration project, all impacts on native fish, wildlife, plants, or their habitat, or any combination thereof, from the qualifying restoration project, and any other information the department determines to be relevant. A substantial net benefit shall assist either directly or indirectly in the recovery of native fish, wildlife, plants, or their habitat, or any combination thereof.