Amended
IN
Senate
August 06, 2018 |
Amended
IN
Senate
July 05, 2018 |
Amended
IN
Assembly
May 25, 2018 |
Amended
IN
Assembly
April 17, 2018 |
Introduced by Assembly Member Kalra |
February 15, 2018 |
(2)The take is accidental, and results from an act that occurs on a farm or ranch in the course of otherwise lawful routine and ongoing agricultural activities. Accidental take pursuant to this paragraph shall not be subject to the requirements in paragraph (1), and this paragraph shall not be construed to require any entity to comply with best management practices or provide certification pursuant to this section in order for the take to be exempt from the prohibition in subdivision (b).
(3)The department has determined that the take will not have a significant adverse impact to migratory nongame birds.
(d)Certification pursuant to paragraph (1) of subdivision (c) shall be made in a form and manner prescribed by the department, and shall include, at a minimum, the following information:
(1)The name of the entity, including the name and contact information of the person responsible for submitting the certification.
(2)A description of the activity, including the location, type, and date of commencement of the activity, and the expected duration of the activity or continuing impacts of the activity.
(3)For activities that have not commenced as of the certification date, the following additional information:
(A)The best management practices, identified by the entity pursuant to subdivision (e) or (f), to be implemented during the period for which the entity seeks incidental take authority.
(B)A description of the expected scope and magnitude of impacts, if any, to migratory nongame birds.
(4)For activities that are ongoing, or have been completed but have continuing impacts to migratory nongame birds, as of the certification date, the following additional information:
(A)The best management practices, identified by the entity pursuant to subdivision (e) or (f), that, during the year preceding certification, were either of the following:
(i)Implemented by the entity.
(ii)Not implemented by the entity as expected. In the case of best management practices described in this clause, the certification shall include a description of measures the entity will take to ensure proper implementation of the practices, when necessary, in the future.
(B)A description of the scope and magnitude of impacts, if any, to migratory nongame birds from activities during the year preceding certification.
(g)Each year after certification pursuant to paragraph (1) of subdivision (c), an entity shall submit to the department a status report for the covered activity, in a form and manner prescribed
by the department, that includes, at a minimum, the information that would be required for certification pursuant to subdivision (d).
(h)
(i)
(j)No later than 30 days after receiving a certification pursuant to paragraph (1) of subdivision (c) or an annual status report pursuant to subdivision (g), the department shall make the certification or report publicly available on its Internet Web site in a format that is readily accessible by members of the public.
(k)(1)This section does not supersede or otherwise limit any requirement or prohibition of the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3) or Section 3511.
(2)
(3)