State Fully Protected Species Clause Samples

State Fully Protected Species. California law does not authorize CDFG to permit the Take of six Rancho Palos Verdes Covered Species: Fish and Game Code section 3511 prohibits Take of the golden eagle, American peregrine falcon, bald eagle, California brown pelican and California least tern. Take of these species is not authorized by the NCCP Act Authorization as of the Effective Date. CDFG acknowledges and agrees that if the measures set forth in this Agreement and the RPV NCCP Subarea Plan are complied with, Covered Activities are not anticipated to result in unauthorized Take of these species. If CDFG determines during the term of this Agreement that existing measures are inadequate to prevent the Take of a RPV Covered Species for which Take is not authorized under the NCCP Authorization, CDFG shall notify the CITY in writing of that determination and propose new, modified or alternative conservation measures that it believes are necessary to avoid Take of these species. The CITY shall implement either the measures proposed by CDFG or other measures agreed to by the Parties as adequate to avoid Take of the fully protected species resulting from Covered Activities. CDFG has determined that the RPV NCCP Subarea Plan provides for the conservation of all Rancho Palos Verdes Covered Species. The NCCP Act Authorization therefore provides that Take of golden eagle, American peregrine falcon, bald eagle, California brown pelican and California least tern will be automatically authorized upon a written legal determination by CDFG that changes in California law provide CDFG the authority to permit the Take of these birds. The determination will only assess whether newly enacted statutes provide CDFG the legal authority to authorize Take of these species as part of an NCCP plan. CDFG will provide its legal determination promptly after enactment of any relevant legislation; the determination will be attached to the NCCP Authorization.

State Fully Protected Species. The current Plan does not include Fully Protected Species (Fish and Game Code sections 3511, 4700, 5050, 5515) in the list of Covered Species. Take of Fully Protected Species is not authorized by the State permit. If at any time there is a change in state law such that CDFG may issue a Section 2835 Permit or other permit or authorization allowing the incidental Take of any of Fully Protected Species, the Water Authority may request an amendment to the Permit or apply for a new permit to authorize Take of such species, as provided in Section 17.4 of this Agreement.