California Fish and Game Code § 1856

Fish and Game Code
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(a) A conservation action or habitat enhancement action that measurably advances the conservation objectives of an approved regional conservation investment strategy may be used to create mitigation credits that can be used to compensate for impacts to focal species and other species, habitat, and other natural resources, as provided in this section. The requirements of this section apply only to the creation of mitigation credits under mitigation credit agreements pursuant to this section and do not establish requirements for other forms of compensatory mitigation. (b) For a conservation action or habitat enhancement action identified in a regional conservation investment strategy to be used to create mitigation credits pursuant to this section, the regional conservation investment strategy shall include, in addition to the requirements of Section 1852, all of the following: (1) An outline for adaptive management and monitoring of conserved habitat and other conserved natural resources, consistent with the goals and objectives of the regional conservation investment strategy. The outline shall guide the preparation of, and consistency among, monitoring and long-term adaptive management plans required pursuant to paragraph (14) of subdivision (g). (2) (A) A process for persons and entities entering into mitigation credit agreements approved pursuant to the regional conservation investment strategy to provide information to the public agency or federally recognized tribe that proposed the regional conservation investment strategy to allow the public agency or federally recognized tribe to track the progress of, and evaluate the effectiveness of, conservation actions and habitat enhancement actions identified in the strategy in offsetting identified threats to focal species and achieving the strategy’s biological goals and objectives. (B) The tracking and evaluation required pursuant to subparagraph (A) shall begin upon the creation of the first mitigation credit under a mitigation credit agreement approved pursuant to the regional conservation investment strategy. The evaluation required pursuant to subparagraph (A) shall be submitted to, and shall be considered by, the department before the department may extend the duration of an approved or amended regional conservation investment strategy pursuant to Section 1854. The evaluation may occur, and may be submitted to the department, no earlier than one year before the expiration of the regional conservation investment strategy. Tracking and evaluation shall be based on relevant, current, best available information and analyses, including, but not limited to, information reported under monitoring and long-term adaptive management plans required pursuant to paragraph (14) of subdivision (g). (3) Identification of a public or private entity that will be responsible for the evaluation required pursuant to paragraph (2). (c) If a person or public or private entity intends to create mitigation credits on multiple future sites over time, the person or entity may develop and submit an advance mitigation framework to the department for approval in a draft mitigation credit agreement pursuant to subdivision (g). Alternatively, the person or entity may submit an advance mitigation framework to the department for approval before submitting a draft mitigation credit agreement to the department and, if the advance mitigation framework is approved, may include it in a draft mitigation credit agreement. An advance mitigation framework shall include all of the following: (1) A process and the terms and conditions on which the department will base its review and approval of mitigation credits on future sites. (2) A description of the conservation actions or habitat enhancement actions that are consistent with, and will measurably advance the conservation objectives of, an approved regional conservation investment strategy, and will be used to create mitigation credits. (3) A prioritization str

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