(a) The department may approve compensatory mitigation credits for wildlife connectivity actions taken under either of the following programs:

(1) Chapter 7.9 (commencing with Section 1797).

Terms Used In California Fish and Game Code 1957

  • Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
  • Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Fish and Game Code 45
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • State: means the State of California, unless applied to the different parts of the United States. See California Fish and Game Code 83
  • Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Fish and Game Code 86
  • Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Fish and Game Code 89.5

(2) Chapter 9 (commencing with Section 1850).

(b) (1) A wildlife connectivity action shall, if feasible, permanently protect all real property comprising the wildlife connectivity action or where the wildlife connectivity action is sited in order to receive compensatory mitigation credits pursuant to this chapter. The department may determine, on a case-by-case-basis, that permanent protection of all, or part of, the real property is infeasible. If the department determines that permanent protection of the real property is infeasible, in whole or in part, the department may still provide compensatory mitigation credits, including, but not limited to, compensatory mitigation credits for permanent impacts, for the wildlife connectivity action if the wildlife connectivity action meets both of the following conditions:

(A) Provides permanent protection of the real property where, and to the extent, feasible.

(B) Where, and to the extent, permanent protection is infeasible, the wildlife connectivity action has long-term durability.

(2) (A) In determining whether permanent protection is infeasible under this chapter, the department shall consider federal, state, and local legal restrictions, particularly those limiting the use of real property, that prevent, or significantly inhibit, placing a conservation easement on real property comprising the wildlife connectivity action or where the wildlife connectivity action is sited.

(B) Notwithstanding subparagraph (A), the department shall determine it is infeasible to permanently protect any portion of a wildlife connectivity action in the right-of-way of an existing state highway or other existing public road.

(c) In determining the value of compensatory mitigation credits for wildlife connectivity actions, the department may consider all of the following:

(1) The measurable improvement to habitat connectivity and wildlife migration, including, but not limited to, improving the ability of wildlife to safely cross or bypass built infrastructure, such as roads, that inhibit such connectivity or migration.

(2) The value of the habitat connected by the wildlife connectivity action.

(3) Benefits to affected species, including, but not limited to, improved genetic diversity and breeding opportunities, removed migration barriers, and improved access to additional latitudes and altitudes of potentially suitable habitat to adapt to climate change.

(4) Improved connectivity in critical terrestrial habitat linkages, including, but not limited to, the Santa Monica Mountains and Rim of the Valley Corridor, Santa Ana Mountains, San Gabriel Mountains, San Bernardino Mountains, Santa Cruz Mountains, and the Gabilan Mountain Range.

(5) The use or value of the particular location in improving connectivity and migration, including, but not limited to, topography, watercourse presence, vegetative cover, mortality data, or other factors that increase the likelihood of use, or value of, a particular location for connectivity or migration.

(6) Any other factor the department, in its discretion, deems relevant.

(d) When evaluating a proposed wildlife connectivity action under this chapter, the department may consult with the Department of Transportation, the United States Fish and Wildlife Service, the National Marine Fisheries Service, and the United States Army Corps of Engineers. If a proposed wildlife connectivity action, or portion thereof, will be located on the right-of-way of an existing state highway, the department shall consult with the Department of Transportation in the course of its evaluation process.

(e) A compensatory mitigation credit created in accordance with this chapter may be used to fulfill, in whole or in part, compensatory mitigation requirements established under any state or federal environmental law, as determined by the applicable local, state, or federal regulatory agency, including, but not limited to, the following:

(1) To compensate for take or other adverse impacts of activities authorized pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3.

(2) To reduce adverse impacts to fish or wildlife resources, or both, from activities authorized pursuant to Chapter 6 (commencing with Section 1600).

(3) To 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).

(Added by Stats. 2021, Ch. 738, Sec. 1. (SB 790) Effective January 1, 2022.)

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