This chapter shall be known as, and may be cited as, the Restoration Management Permit Act.
Chapter 6.7Restoration Management Permit Act
Section § 1670
This section names the chapter as the 'Restoration Management Permit Act' and specifies that it can be referred to by this title.
Restoration Management Permit Act legal citation chapter title naming of act environmental permits management permits restoration projects permit regulations permit requirements California law regulatory framework naming statutes official designation act citation
Section § 1671
This section defines key terms related to restoration projects aimed at improving native fish, wildlife, and plant habitats in California. 'Baseline conditions' refer to the current state of native species and their habitats before any restoration efforts begin. 'Management' involves activities that support conservation and recovery of native species. 'Propagation' includes actions that help maintain or boost native species populations for various purposes. A 'qualifying restoration project' is a project designed mainly to restore native species or habitats, resulting in a significant positive impact compared to baseline conditions. Such projects may also offer secondary benefits like flood management or recreation. 'Substantial net benefit' is a considerable improvement expected from restoration projects, and it should contribute to native species or habitat recovery.
As used in this chapter:
(a)CA Fish and Game Code § 1671(a) “Baseline conditions” means existing native fish, wildlife, or plant population sizes, and the extent and quality of native fish, wildlife, or plant habitat in the area that would be affected by a qualifying restoration project. Fish, wildlife, plant, or habitat restoration activities required to satisfy avoidance, minimization, or mitigation requirements, or any combination of those requirements, for regulatory permits or approvals, regulatory enforcement actions or settlements, court orders, or other enforceable legal obligations shall be considered part of the baseline conditions, and those activities shall not count toward a substantial net benefit.
(b)CA Fish and Game Code § 1671(b) “Management”
means an activity, such as restoration of native fish, wildlife, plants, or their habitat and propagation, that will benefit, aid the conservation of, and assist in the recovery of a native fish, wildlife, or plant species.
(c)CA Fish and Game Code § 1671(c) “Propagation” means activities that help sustain or increase native fish, wildlife, or plant populations for scientific, conservation, management, or educational purposes.
(d)Copy CA Fish and Game Code § 1671(d)
(1)Copy CA Fish and Game Code § 1671(d)(1) “Qualifying restoration project” means a management or propagation project that has the primary purpose of restoring native fish, wildlife, plants, or their habitat and that would result in a substantial net benefit to any one or more of the following, as determined by the department:
(A)CA Fish and Game Code § 1671(d)(1)(A) Native fish.
(B)CA Fish and Game Code § 1671(d)(1)(B) Native wildlife.
(C)CA Fish and Game Code § 1671(d)(1)(C) Native plants.
(D)CA Fish and Game Code § 1671(d)(1)(D) The habitat of native fish, native wildlife, or native plants.
(2)CA Fish and Game Code § 1671(d)(2) A qualifying restoration project may also have secondary or incidental benefits, including, but not limited to, flood risk reduction, recreation, or groundwater recharge.
(e)CA Fish and Game Code § 1671(e) “Substantial net benefit” means a substantial, cumulative benefit to native fish, wildlife, plants, or their habitat, or any combination thereof, above baseline conditions that the department reasonably expects to result from a qualifying restoration project. In determining whether the department reasonably expects a qualifying restoration project to result in a substantial net benefit, the department shall consider the duration of the qualifying restoration project, all impacts on native fish,
wildlife, plants, or their habitat, or any combination thereof, from the qualifying restoration project, and any other information the department determines to be relevant. A substantial net benefit shall assist either directly or indirectly in the recovery of native fish, wildlife, plants, or their habitat, or any combination thereof.
baseline conditions native species restoration habitat improvement qualifying restoration project management activity propagation activities substantial net benefit conservation efforts species recovery environmental impact secondary benefits flood risk reduction groundwater recharge wildlife habitat native plant conservation
Section § 1672
This law allows the Department in California to issue a 'restoration management permit' for special projects aimed at restoring natural environments. This permit lets project organizers handle wildlife, such as fish, birds, mammals, reptiles, and certain plants—even those that are endangered or protected. It includes permission to catch, hold, or transport these species for purposes like scientific study, education, or breeding to help the species thrive. Additionally, if a project significantly alters a river, stream, or lake and could harm wildlife, the Department can approve this under certain conditions to ensure the protection of these resources. Overall, the permit aims to balance restoration efforts with wildlife and plant protection.
(a)CA Fish and Game Code § 1672(a) The department may issue a restoration management permit to authorize take, possession, import, or export of any species or subspecies of fish, wildlife, or plant in association with a qualifying restoration project and to authorize any impacts to fish and wildlife resources as a result of activities otherwise subject to Section 1602, all pursuant to terms and conditions determined by the department.
(b)CA Fish and Game Code § 1672(b) The department may authorize the take, possession, import, or export of any endangered species, threatened species, or candidate species designated pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 for management or propagation purposes, including scientific or educational purposes related to management or propagation,
through a restoration management permit for a qualifying restoration project.
(c)CA Fish and Game Code § 1672(c) The department may authorize the take, possession, import, or export of any fully protected bird, mammal, reptile, amphibian, or fish designated pursuant to Section 3511, 4700, 5050, or 5515 for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project. The take, possession, import, or export of any fully protected bird, mammal, reptile, amphibian, or fish that is authorized through a restoration management permit for a qualifying restoration project shall not be subject to Section 3511, 4700, 5050, or 5515.
(d)CA Fish and Game Code § 1672(d) The department may authorize the take, possession, import, or export of any plant species designated as rare pursuant to Chapter 10 (commencing with
Section 1900) of Division 2 for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project.
(e)CA Fish and Game Code § 1672(e) The department may authorize the take, possession, import, or export of any fish, amphibian, reptile, mammal, bird, or the nests or eggs thereof, or any other form of plant or animal life not subject to subdivisions (b) through (d), inclusive, for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project.
(f)CA Fish and Game Code § 1672(f) If a qualifying restoration project includes the substantial diversion or obstruction of the natural flow of, or substantial change or use of any material from the bed, channel, or bank of, any river, stream, or
lake and the department determines the activity may substantially adversely affect an existing fish or wildlife resource, the department may authorize those activities through a restoration management permit. The department shall include reasonable measures necessary to protect that resource in the restoration management permit for the qualifying restoration project.
restoration management permit wildlife handling endangered species protected species scientific purposes educational purposes propagation qualifying restoration project fish and wildlife resources natural flow diversion habitat restoration species conservation California Department substantial diversion environmental impact
Section § 1673
This section outlines that the department can create a permit application process for restoration management permits aimed at maintaining consistency with existing local, state, or federal authorizations. When applying for such a permit, applicants need to include a range of information. This includes applicant details, project details (such as location, timeline, and activities), and descriptions of the project's environmental impact and benefits. If seeking authorization to impact specific species or habitats, detailed plans and mitigation measures must be provided. Additionally, copies of any related permits or environmental documents must be included, along with any other necessary information.
(a)CA Fish and Game Code § 1673(a) The department may develop a permit application for restoration management permits. When applying for a restoration management permit, an applicant may propose protective measures contained within existing local, state, or federal agency authorizations for the applicant’s project or related documents to assist the department with developing restoration management permits that maximize consistency with other agency authorizations to the extent practicable.
(b)CA Fish and Game Code § 1673(b) An application for a restoration management permit shall include all of the following:
(1)CA Fish and Game Code § 1673(b)(1) The appropriate application fee, if any, not to exceed the department’s reasonable costs, as determined by the department.
(2)CA Fish and Game Code § 1673(b)(2) The full name, mailing address, email address, and telephone number of the applicant. If the applicant is a corporation, firm, partnership, association, institution, or public or private agency, the name and address of the applicant, in addition to the name and address of the person responsible for the project.
(3)CA Fish and Game Code § 1673(b)(3) The project name and location, including latitude and longitude centroid in decimal degrees, and a project map.
(4)CA Fish and Game Code § 1673(b)(4) The estimated or desired project start and end dates.
(5)CA Fish and Game Code § 1673(b)(5) A detailed description of the project activities and desired outcomes, including, but not limited to, restoration plans and drawings.
(6)CA Fish and Game Code § 1673(b)(6) A detailed description of the area where the project will be carried
out, including the project size, habitat types, and biological setting.
(7)CA Fish and Game Code § 1673(b)(7) A description of the department authorization or authorizations described in Section 1672 that the applicant is seeking for the project.
(8)CA Fish and Game Code § 1673(b)(8) A detailed description of baseline conditions for all areas that may be affected by the project.
(9)CA Fish and Game Code § 1673(b)(9) A detailed description of how the project satisfies the definition of qualifying restoration project set forth in Section 1671, including a detailed description of the expected benefit to native fish, wildlife, plants, or their habitat, or any combination thereof, above baseline conditions.
(10)CA Fish and Game Code § 1673(b)(10) If the applicant is seeking one or more take authorizations pursuant to Section 1672, the applicant shall provide all of the following:
(A)CA Fish and Game Code § 1673(b)(10)(A) A list of species for which the applicant is seeking one or more take authorizations.
(B)CA Fish and Game Code § 1673(b)(10)(B) A detailed description of the types of species take, including pursue, catch, capture, or kill, and the mechanisms by which species take would occur.
(C)CA Fish and Game Code § 1673(b)(10)(C) An estimate of the number of individuals that would be taken, based on population numbers, or a proxy estimate based on the amount of suitable habitat, for each species for which the applicant is seeking one or more take authorizations.
(D)CA Fish and Game Code § 1673(b)(10)(D) Species protection measures proposed by the applicant to minimize the impacts of the potential take, including any measures required or expected to be required in other approvals or permits.
(11)CA Fish and Game Code § 1673(b)(11) If the applicant
is seeking an authorization pursuant to Section 1672 for activities that would otherwise be subject to Section 1602, the applicant shall provide all of the following:
(A)CA Fish and Game Code § 1673(b)(11)(A) A detailed description of anticipated temporary and permanent impacts to any affected river, stream, or lake.
(B)CA Fish and Game Code § 1673(b)(11)(B) Proposed feasible measures to protect any river, stream, or lake and to minimize project impacts, including any measures required or expected to be required in other approvals or permits.
(12)CA Fish and Game Code § 1673(b)(12) A copy of any other federal, state, or local permit or agreement already issued for the project.
(13)CA Fish and Game Code § 1673(b)(13) Copies of any final documents prepared for the project pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code, including, but not limited to,
environmental impact reports, mitigated negative declarations, negative declarations, notices of determination, and notices of exemption.
(14)CA Fish and Game Code § 1673(b)(14) Any other information the department determines to be necessary.
restoration management permits permit application environmental impact project description habitat restoration native species benefits species take authorization project location project timeline applicant details environmental documents mitigation measures habitat types federal authorizations project start and end dates
Section § 1674
This section creates a special fund called the Restoration Management Permit Program Fund in the State Treasury. The department can charge fees to cover some or all costs related to managing restoration permits, but these fees can't be more than what it actually costs the department. Any fees collected must go into this fund.
(a)CA Fish and Game Code § 1674(a) The Restoration Management Permit Program Fund is hereby established in the State Treasury.
(b)CA Fish and Game Code § 1674(b) The department may establish a schedule of fees to be charged for all or a portion of the department’s costs relating to the administration of restoration management permits, not to exceed the department’s reasonable costs.
(c)CA Fish and Game Code § 1674(c) Fees received pursuant to this section shall be deposited in the Restoration Management Permit Program Fund.
Restoration Management Permit Permit fees State Treasury fund administration costs department fees environmental restoration management costs funding program fee schedule environmental permits conservation funding state managed fund permit administration reasonable costs environmental management
Section § 1675
This law states that any development or changes to rules and criteria related to this chapter must follow specific government procedures, but permit applications or guidance materials do not. All relevant documents must be available on the department's website.
Additionally, when the department issues a restoration management permit, it must include requirements for species protection, management, monitoring, and reporting.
(a)CA Fish and Game Code § 1675(a) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall apply to the development, adoption, or amendment of any rules, instructions, or criteria pursuant to this chapter, but not to the development, adoption, or amendment of permit applications or guidance materials. All rules, instructions, criteria, permit applications, and guidance materials shall be posted on the department’s internet website.
(b)CA Fish and Game Code § 1675(b) The department shall require appropriate species protection, management, monitoring, and reporting measures in each restoration management permit issued by the department.
development procedures rules amendment permit applications guidance materials online availability species protection management measures monitoring requirements reporting measures restoration management permit
Section § 1676
This section requires the department to make public a list of all approved restoration projects, including where they are located geographically. By January 1, 2034, the department must submit a report to the Legislature about how these projects have impacted their implementation speed and scale. This report should list each project, note processing times for permits, identify projects exempt from environmental reviews, analyze the law's impact on speeding up permit processing, and suggest program improvements.
(a)CA Fish and Game Code § 1676(a) The department shall post on its internet website a list and description of every qualifying restoration project permitted by the department pursuant to this chapter. The description shall note the county or counties and the watershed or watersheds in which each project is located.
(b)CA Fish and Game Code § 1676(b) On or before January 1, 2034, the department shall submit a report to the Legislature that evaluates the impacts and outcomes of this chapter on the pace and scale of restoration projects. The report shall be submitted in compliance with Section 9795 of the Government Code and shall include all of the following:
(1)CA Fish and Game Code § 1676(b)(1) A list and description of every qualifying restoration project permitted by the
department pursuant to this chapter. The description shall note the county or counties and the watershed or watersheds in which each project is located.
(2)CA Fish and Game Code § 1676(b)(2) The number of days to process each permit, including a discussion of the reasons for any permitting delays.
(3)CA Fish and Game Code § 1676(b)(3) Identification of any qualifying restoration projects permitted by the department that also qualified for an exemption from the California Environmental Quality Act pursuant to Section 21080.56 of the Public Resources Code.
(4)CA Fish and Game Code § 1676(b)(4) An analysis of the impacts and outcomes of this chapter, including whether the implementation of this chapter helped to reduce permit processing times for restoration projects.
(5)CA Fish and Game Code § 1676(b)(5) Recommendations to improve the program.
restoration projects permit processing environmental impact analysis legislative report project location watershed California Environmental Quality Act exemption implementation outcomes permit delays program improvement recommendations
Section § 1677
The law prohibits the department from giving permits for activities related to certain Delta water transfer systems that are not connected to other systems.
The department shall not issue a restoration management permit for the design, construction, operation, mitigation, or maintenance of isolated Delta conveyance facilities.
restoration management permit Delta conveyance facilities water transfer systems permit prohibition isolated conveyance systems Delta water systems construction permits mitigation permits maintenance restrictions Delta water management
Section § 1678
This law will only be in effect until January 1, 2035, at which point it will be automatically canceled or repealed.
This chapter shall remain in effect only until January 1, 2035, and as of that date is repealed.
expiration date repeal sunset clause January 1 2035 temporary law automatic repeal law termination 2035 expiration legal sunset end of effectiveness statute expiration termination date sunset provision
