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California Law (Last Updated: March 4, 2014) |
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Fish and Game Code - FGC |
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Division 2. DEPARTMENT OF FISH AND GAME |
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Chapter 7.9. Conservation Bank and Mitigation Bank Applications and Fees |
Section 1797.5.
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For the purposes of this chapter, the following terms shall have the following meanings:
(a) "Bank" means a conservation bank, mitigation bank, or conservation and mitigation bank.
(b) "Bank enabling instrument" means a written agreement with the department regarding the establishment, use, operation, and maintenance of the bank.
(c) "Bank sponsor" means the person or entity responsible for establishing and operating a bank.
(d) "Conservation bank" means a publicly or privately owned and operated site that is to be conserved and managed in accordance with a written agreement with the department that includes provisions for the issuance of credits, on which important habitat, including habitat for threatened, endangered, or other special status species, exists, has been, or will be created to do any of the following:
(1) Compensate for take or other adverse impacts of activities authorized pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3.
(2) Reduce adverse impacts to fish or wildlife resources from activities, authorized pursuant to Chapter 6 (commencing with Section 1600) of Division 2, to less than substantial.
(3) Mitigate significant effects on the environment pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and Guidelines for Implementation of the California Environmental Quality Act (Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations).
(4) Establish mitigation in advance of any impacts or effects.
(e) "Conservation easement" means a perpetual conservation easement, as defined by Section 815.1 of the Civil Code, covering the real property that comprises the bank site.
(f) "Mitigation bank" means either of the following:
(1) A bank site or mitigation bank site as defined by Section 1777.2.
(2) Any publicly or privately owned and operated site, other than those defined by Section 1777.2, on which wetlands exist, have been, or will be created, and that is to be conserved and managed in accordance with a written agreement with the department for any of the purposes described in paragraphs (1) to (4), inclusive, of subdivision (d).
(g) "Person" has the meaning set forth in subdivision (b) of Section 711.2.
(h) "Prospectus" means a written summary of the proposed bank containing a sufficient level of detail to support informed department review and comment.