Cal. Code Regs. tit. 14, § 787.7
(a) The Department may permit incidental take of coho salmon from timber operations by certification of compliance under this section if all of the following are satisfied:
(b) Effect of Certification.
(1) A certification that is signed by the Department is an incidental take permit for coho salmon that becomes effective only after both of the following have occurred:
(c) Form of Certification. The certification required by section 787.7 shall take substantially the following form:
CERTIFICATION OF COMPLIANCE
I certify that all of the minimization and mitigation measures set forth in Forest Practice Rules, California Code of Regulations, title 14, sections 916.9.1 (936.9.1), 916.9.2, (936.9.2), 923.9.1 (943.9.1), and 923.9.2 (943.9.2) including any alternative measures provided in these sections are included as enforceable elements of the attached Timber Harvesting Plan (THP) or Nonindustrial Timber Management Plan (NTMP) Notice of Timber Operations.
I acknowledge that these measures are roughly proportional in extent to the impact of the authorized take of the species, the measures maintain my project objectives to the greatest extent possible, and they are capable of successful implementation. I understand that this permit allows incidental take of coho salmon pursuant to CESA; it does not authorize the violation of any Federal, State or local laws or regulations. I understand that this incidental take permit becomes effective after both of the following have occurred: (1) the THP or Notice of Timber Operations containing the required measures is approved by the Department of Forestry and Fire Protection; and (2) I have received receipt of the certification signed by the Department of Fish and Game from the appropriate address below. I understand that this certification permits incidental take of coho salmon from the timber operations described in the attached THP or Notice of Timber Operations. Any incidental take from operations that deviate from such timber operations, whether under subsequent amendments to the THP or Notice of Timber Operations or otherwise, is not authorized by this permit by certification.
I certify that the information submitted in this certification is complete and accurate to the best of my knowledge and belief. I understand that any false statement herein or failure to comply with the terms of the permit (e.g., unauthorized take under CESA for undertaking a project that differs from the one described in the attached THP or Notice of Timber Operations, or failure to properly implement required minimization and mitigation measures) may subject me to suspension or revocation of this permit and to civil and criminal penalties under the laws of the State of California.
THP or NTMP designation: __________
Proposed beginning date of timber operations: __________
End date for timber operations: __________
Attached is the security for performance, calculated in accordance with section 787.8, ensuring adequate funding to implement measures to minimize and fully mitigate impacts of authorized take, and for monitoring compliance with and effectiveness of, those measures. The undersigned is responsible for immediately notifying the Department of Fish and Game of any deviations from the above.
(RPF or authorized signature)
Date
The undersigned is authorized to provide consent to the Department of Fish and Game to access and inspect the subject timber operations during and following completion of operations, and hereby provides such authorization to the Department of Fish and Game.
(authorized representative signature)
Date
For Del Norte, Humboldt, Mendocino, Siskiyou or Trinity Counties
REGIONAL MANAGER
DEPARTMENT OF FISH AND GAME
601 LOCUST STREET
REDDING, CA 96001
(530) 225.2300
For Santa Cruz, San Mateo, Marin, or Sonoma Counties
REGIONAL MANAGER
DEPARTMENT OF FISH AND GAME
P.O. BOX 47
YOUNTVILLE, CA 94599
(707) 944.5500
The Department of Fish and Game [circle one: finds/does not find] that: (1) the activities identified in the attached THP or NTMP Notice of Timber Operations may result in take of coho salmon incidental to an otherwise lawful activity; where the Department of Fish and Game finds that the activities may result in incidental take, the Department of Fish and Game finds that: (2) the impacts of authorized take will be minimized and fully mitigated; the measures required to meet this obligation are roughly proportional in extent to the impact of the authorized take; where various measures are available to meet this obligation, the impacts of take, the measures maintain the applicant's objectives to the greatest extent possible; and the measures are capable of successful implementation; (3) this permit by certification of compliance is consistent with regulations adopted pursuant to Sections 2112 and 2114 of the Fish and Game Code; (4) the permittee has assured adequate funding to implement the required measures and for monitoring compliance with and effectiveness of those measures; (5) and issuance of the permit by certification which is approved by the signature below will not jeopardize the continued existence of coho salmon. The Department of Fish and Game's findings are based upon the certification submitted; the approved THP or Notice of Timber Operations and associated environmental review and impact analysis; the administrative records supporting the incorporated Forest Practice Rules, California Code of Regulations, title 14, sections 916.9.1 (936.9.1), 916.9.2, (936.9.2), 923.9.1 (943.9.1), and 923.9.2 (943.9.2), and the Incidental Take Permit Guidelines for Timber Operations, section 787.0 et seq., and other information the Department of Fish and Game had before it at the time of the certification.
DFG Regional Manager
Date
Note: Authority cited: Sections 702, 2081(d) and 2112, Fish and Game Code. Reference: Sections 702, 2081(b), 2081(c) and 2112, Fish and Game Code.
1. New section filed 2-11-2008; operative 2-11-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 7).