Incidental Takes

Division 3, Chapter 1.5, Article 3.5 deals with incidental take associated with routine and ongoing activities of endangered species in the State of California.

Section 2086 requires the department, in cooperation with the Department of Food and Agriculture, agricultural commissioners, extension agents, farmers, ranchers, and other agricultural experts, to adopt regulations that authorize locally designed voluntary programs for routine and ongoing agricultural activities on farms or ranches that encourage habitat for candidate, threatened, and endangered species, and wildlife generally.

Agricultural commissioners, extension agents, farmers, ranchers, or other agricultural experts, in cooperation with conservation groups, may propose those programs to the department. Programs authorized under this section are required to do five specified actions.

Any taking of candidate, threatened, or endangered species incidental to routine and ongoing agricultural activities that occurs while the management practices specified are followed, is not prohibited by this chapter. The department is required to automatically renew the authorization for these voluntary programs every five years, unless the Legislature amends or repeals this section in which case the program is revised to conform to this section.

Every five years, the department is required to post a report regarding the effect of the programs on its internet website. The department must consult with the Department of Food and Agriculture in evaluating the programs and preparing the report. The report must address factors such as the temporary and permanent acreage benefiting from the programs, include an estimate of the amount of land upon which routine and ongoing agricultural activities are conducted, provide examples of farmer and rancher cooperation, and include recommendations to improve the voluntary participation by farmers and ranchers.

The department may approve an application submitted by an agricultural-based nonprofit organization or other entity registered as a California nonprofit organization to initiate and undertake public education and outreach activities that promote the achievement of the objectives of this chapter. An application submitted pursuant to this subdivision is required to include specified items of information.

Section 2087 provides that an accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee of a farmer or rancher, or an individual otherwise contracted by a farmer or rancher that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter. The term “accidental” is defined.

Section 2088 explains that this article does not authorize the take of fish species and does not apply to timber harvesting governed by the State Board of Forestry. “Fish species” is defined.

Section 2089 requires routine and ongoing agricultural activities to be defined by the department by regulation and not include the conversion of agricultural land to a nonagricultural use.