Cal. Fish and Game Code - FGC § 1670. Section 1670.
This chapter shall be known as, and may be cited as, the Restoration Management Permit Act.
CHAPTER 6.7. Restoration Management Permit Act [1670. - 1678.]
Cal. Fish and Game Code - FGC 6.7.
in effectCal. Fish and Game Code - FGC § 1671. Section 1671.
As used in this chapter:
(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)
“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)
“Propagation” means activities that help sustain or increase native fish, wildlife, or plant populations for scientific, conservation, management, or educational purposes.
(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)
Native fish.
(B)
Native wildlife.
(C)
Native plants.
(D)
The habitat of native fish, native wildlife, or native plants.
(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)
“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.
Cal. Fish and Game Code - FGC § 1672. Section 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)
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)
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)
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) 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)
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)
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.
Cal. Fish and Game Code - FGC § 1673. Section 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)
An application for a restoration management permit shall include all of the following:
(1)
The appropriate application fee, if any, not to exceed the department’s reasonable costs, as determined by the department.
(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)
The project name and location, including latitude and longitude centroid in decimal degrees, and a project map.
(4)
The estimated or desired project start and end dates.
(5)
A detailed description of the project activities and desired outcomes, including, but not limited to, restoration plans and drawings.
(6)
A detailed description of the area where the project will be carried
out, including the project size, habitat types, and biological setting.
(7)
A description of the department authorization or authorizations described in Section 1672 that the applicant is seeking for the project.
(8)
A detailed description of baseline conditions for all areas that may be affected by the project.
(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)
If the applicant is seeking one or more take authorizations pursuant to Section 1672, the applicant shall provide all of the following:
(A)
A list of species for which the applicant is seeking one or more take authorizations.
(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)
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)
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)
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)
A detailed description of anticipated temporary and permanent impacts to any affected river, stream, or lake.
(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)
A copy of any other federal, state, or local permit or agreement already issued for the project.
(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)
Any other information the department determines to be necessary.
Cal. Fish and Game Code - FGC § 1674. Section 1674.
(a)
The Restoration Management Permit Program Fund is hereby established in the State Treasury.
(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)
Fees received pursuant to this section shall be deposited in the Restoration Management Permit Program Fund.
Cal. Fish and Game Code - FGC § 1675. Section 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)
The department shall require appropriate species protection, management, monitoring, and reporting measures in each restoration management permit issued by the department.
Cal. Fish and Game Code - FGC § 1676. Section 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)
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)
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)
The number of days to process each permit, including a discussion of the reasons for any permitting delays.
(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)
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)
Recommendations to improve the program.
Cal. Fish and Game Code - FGC § 1677. Section 1677.
The department shall not issue a restoration management permit for the design, construction, operation, mitigation, or maintenance of isolated Delta conveyance facilities.
Cal. Fish and Game Code - FGC § 1678. Section 1678.
This chapter shall remain in effect only until January 1, 2035, and as of that date is repealed.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026