California Department of Fish and Wildlife

Other Incidental Take Provisions of the California Endangered Species Act (CESA)

Incidental Take in Regard to Agricultural Practices

Fish and Game Commission regulations (Title 14, Section 786.0) authorize individual farmers and ranchers and groups of farmers and ranchers to establish voluntary local programs where the specific content and form may be locally designed to suit the particular circumstances of the local agricultural district where each program will be implemented. Upon filing of a voluntary local program with CDFW, any taking of candidate, threatened or endangered species incidental to routine and ongoing agricultural activities is not prohibited by the California Endangered Species Act provided that the take occurs on a farm or ranch while following the management practices specified in the voluntary local program. The voluntary local programs authorized by the regulations shall provide sufficient flexibility to maximize participation and to gain the maximum wildlife benefits without compromising the economics of agricultural operations.

Take as the Result of an Approved Natural Community Conservation Plan

Also, CDFW may permit the taking, as provided in the Fish and Game Code (Section 2835), of any identified species whose conservation and management is provided for in a CDFW approved Natural Communities Conservation Plan.