NCCP Act definition
Examples of NCCP Act in a sentence
Similar to other habitat-based multi-species HCPs (e.g., Plum Creek and plans approved in southern California under the Natural Community Conservation Planning [NCCP] Act), this Plan was developed by focusing on the requirements of selected species (focus species) while also addressing the needs of other species in the same habitat.
While we would like to see the use of the tools expanded to cover impacts from projects on private lands within the DRECP, for those projects covered under the NCCP Act standards the length of the conservation commitments must be tied to species conservation and BLM would need to commit to renewing these tools to ensure a longer duration for the use of these tools than is currently provided in the statutes and regulations.
Nothing contained in this Agreement is intended to limit the authority of the United States government or the government of the State of California to seek civil or criminal penalties or otherwise fulfill its/their enforcement responsibilities under FESA, CESA, the NCCP Act, or other applicable law.
While it is clear that the ultimate decision-maker for the BLM would be the BLM Director, it is not appropriate for the BLM Director to make final determinations of issues involving interpretations of state law, particularly the NCCP Act.
Under all previously approved NCCPs, CDFW has interpreted the NCCP Act to require “permanent” conservation of the reserves in the form of fee acquisition or permanent easements with endowments or other long-term commitments put in place to ensure adequate management of these reserves.
Except as otherwise set forth herein or as statutorily required by CEQA, NEPA, CESA, FESA, the NCCP Act or any other laws or regulations, the Wildlife Agencies and the Permittees shall use reasonable efforts to respond to written requests within a forty-five (45) day time period.
Indeed, the NCCP Act states that it is the decision of CDFW as to whether or not an NCCP permit should be suspended or revoked.
However, in Section D.2.c.i, the Durability MOU contains the statement that the “BLM intends that any such land use authorizations will, to the extent consistent with law and regulation, be valid for the duration of the impacts for which those lands provide compensatory mitigation.” (Emphasis added.) Under the NCCP Act, an NCCP must provide for “the creation of habitat reserves and long-term management of habitat reserves” or conservation measures.
Thus, Section D.5 must be revised to clarify that while the BLM shall be the final decision- maker for BLM issues, it is the Director of CDFW who makes the final decision regarding compliance with the NCCP Act.
Therefore, the current structure for utilizing the tools will not provide conservation commitments that meet the NCCP Act standards.