2081. The department may authorize acts that are
otherwise
prohibited pursuant to Section 2080, as follows:
(a) Through permits or memorandums of
understanding, the
department may authorize individuals, public agencies,
universities,
zoological gardens, and scientific or educational
institutions, to
import, export, take, or possess any endangered
species, threatened
species, or candidate species for scientific,
educational, or
management purposes.
(b) The department may authorize, by permit, the
take of
endangered species, threatened species, and candidate
species if all
of the following conditions are met:
(1) The take is incidental to an otherwise lawful
activity.
(2) The impacts of the authorized take shall be
minimized and
fully mitigated. The measures required to meet this
obligation shall
be roughly proportional in extent to the impact of the
authorized
taking on the species. Where various measures are
available to meet
this obligation, the measures required shall maintain
the applicant's
objectives to the greatest extent possible. All
required measures
shall be capable of successful implementation. For
purposes of this
section only, impacts of taking include all impacts on
the species
that result from any act that would cause the proposed
taking.
(3) The permit is consistent with any regulations
adopted pursuant
to Sections 2112 and 2114.
(4) The applicant shall ensure adequate funding to
implement the
measures required by paragraph (2), and for monitoring
compliance
with, and effectiveness of, those measures.
(c) No permit may be issued pursuant to subdivision
(b) if
issuance of the permit would jeopardize the continued
existence of
the species. The department shall make this
determination based on
the best scientific and other information that is
reasonably
available, and shall include consideration of the
species' capability
to survive and reproduce, and any adverse impacts of
the taking on
those abilities in light of (1) known population
trends; (2) known
threats to the species; and (3) reasonably foreseeable
impacts on the
species from other related projects and activities.
(d) The department shall adopt regulations to aid
in the
implementation of subdivision (b) and the requirements
of Division 13
(commencing with Section 21000) of the Public
Resources Code, with
respect to authorization of take. The department may
seek
certification pursuant to Section 21080.5 of the
Public Resources
Code to implement subdivision (b).