Overview
As the number of imperiled species in California increases, conservation of habitat on private land is becoming more crucial than ever. Voluntary Local Programs (Fish & G. Code, § 2086-2089; Cal. Code Regs., tit. 14, §§786.0-786.8) are locally designed programs that encourage farmers and ranchers to voluntarily enhance and maintain habitat for endangered, threatened, or candidate species in ways compatible with routine and ongoing agricultural activities.
Upon CDFW authorization of a VLP, take of covered candidate, threatened, or endangered non-fish (defined as not part of Class Osteichthyes) species incidental to routine and ongoing agricultural activities is not prohibited by the California Endangered Species Act (CESA), provided that the take occurs while implementing the management practices specified in the VLP. VLPs provide flexibility for landowners to continue their agricultural activities while contributing to the survival of local wildlife and avoiding the risk of unauthorized take. Participants may opt out of the program at any time.
Covered Species
The following species are eligible for coverage under Voluntary Local Programs:
- Endangered, threatened or candidate species listed under CESA
Take of Fully Protected species cannot be authorized under a VLP.
Take of fish species, class Osteichthyes, cannot be authorized under a VLP.
Take associated with timber harvesting governed by the State Board of Forestry cannot be authorized under a VLP.
To find out if a covered species occurs in your area visit the California Natural Diversity Database (CNDDB) page, the BIOS mapping service, or consult with the nearest CDFW Regional Office.
VLP Development
VLPs are developed by individual farmers or ranchers, or a planning committee formed by farmers and/or ranchers, who own or manage agricultural lands within the geographic area to be covered by the local program. The committee or individual identifies a lead applicant, which may be the local county Agricultural Commissioner or another entity, that will become the VLP administrator when it is finalized. The planning committee designs the VLP with consultation and assistance from CDFW and other interested government agencies, and in cooperation with interested local private sector entities and interested conservation groups.
See California Code of Regulations, title 14, section 786.2 for more details.
VLP Management
Unlike ITPs, CDs, and SHAs, which are issued directly to an individual landowner, VLPs are administered by a local organization, such as a Conservation District or agricultural organization. Landowners interested in participation in the VLP apply directly to the administrator, who reports to CDFW yearly on the progress of the program. Details such as management practices will vary from one VLP to the next.
Approved VLPs
Alameda County Voluntary Local Program
- Covered Species: Alameda whipsnake (Masticophis lateralis euryxanthus) and California tiger salamander (Ambystoma californiense)
- Coverage Area: Alameda County
- Administrator:
Alameda County Resource Conservation District
Voluntary Local Program Administrator
3585 Greenville Road, Suite #2
Livermore, CA 94550
(925) 371-0154
Contra Costa County Voluntary Local Program
- Covered Species: Alameda whipsnake (Masticophis lateralis euryxanthus) and California tiger salamander (Ambystoma californiense)
- Coverage Area: Contra Costa County
- Administrator:
Contra Costa County Resource Conservation District
Voluntary Local Program Administrator
5552 Clayton Road
Concord, CA 94521
(925) 672-6522 x106
Tricolored Blackbird Voluntary Local Program
- Covered Species: Tricolored Blackbird (Agelaius tricolor)
- Covered Area: Stanislaus, San Benito, Merced, Madera, Fresno, Kings, Tulare, and Kern Counties
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Content of a VLP Plan
To initiate a new VLP, interested individuals or groups of farmers and ranchers are encouraged to contact CDFW for an initial consultation and submit a draft of their desired VLP Plan. The submitted plan should contain the following elements, as detailed in the California Code of Regulations, title 14, section 786.2, subdivision (d):
Area Description. Describe the area to be covered by the VLP including:
- proposed geographic boundaries,
- acreage to be covered by the program,
- description of habitat enhancement opportunities and constraints bearing upon the development of recommended management practices,
- candidate, threatened, and endangered species and wildlife likely to benefit from the program,
- reasonably attainable interim targets and long-range goals for increasing the quantity and quality of wildlife habitat throughout the program area.
Designated Representative. Identify the name and address of one or more designated representative(s) who will serve as primary contact(s) for communications between the VLP administrators and CDFW.
List of Management Practices. Describe management practices in sufficient detail so that farmers, ranchers, and program reviewers may understand what the practices are, how these practices may be recognized in the field, and how they are intended to minimize the take of candidate, threatened, and endangered species while encouraging the enhancement of habitat. CDFW does not require land set-aside or conservation easements as a management practice.
Activities Covered by the Plan. Include:
- a description of the general types of agricultural activities covered;
- a reasonable estimate of the type and amount of habitat to be maintained and enhanced;
- how any significant adverse environmental effects are addressed by the plan.
This element may include a description of any agreements required under section 1603 of the Fish and Game Code that are intended to be approved during the term of the VLP.
Best Available Scientific Information. Include a statement with supporting evidence that the management practices are supported by the best available scientific information for both agricultural and habitat conservation practices. CDFW will not require the development of additional scientific information or data as a condition of approval for the VLP.
Flexibility. Include a statement with supporting evidence that the VLP is designed to provide sufficient flexibility to maximize participation and to gain maximum wildlife benefits without compromising the economics of agricultural operations.
Environmental Analysis. The public agency acting as lead agency under the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.; “CEQA”) will need to determine whether CEQA applies and, if so, prepare an environmental analysis. Such environmental analysis should include a description of the proposed program and an analysis of any potentially significant adverse effects of the program on the environment.
Administrative Plan. Provide the written administrative plan, describing how the VLP will be administered. It should include the following:
- a record keeping process which will document implementation of the program's management practices while protecting the confidentiality of participants to the extent permitted by law;
- a procedure for developing, reviewing, and revising recommendations for management practices;
- a procedure for assessing the acreage benefitting from the program on an annual basis;
- a procedure for revoking the participation in the program of any program participant who fails to conduct agricultural activities or recommended management practices in a manner which is consistent with the requirements of the VLP. Failure to conduct an agricultural activity or recommended management practice due to an act of nature or an event beyond the control of a program participant shall not constitute grounds for program or individual participant revocation. Any participant whose enrollment is involuntarily revoked shall be required to comply with the procedures for withdrawal from the program.
Withdrawal and Termination of the Voluntary Local Program. Define terms and conditions for withdrawing individual participation in the VLP or for termination of the entire VLP. These terms and conditions must establish a reasonable time period and reasonable measures to minimize impacts to listed species in the area during withdrawal from or termination of the program, without compromising the economics of agricultural operations. These terms and conditions must:
- provide for notice to CDFW of intent to terminate the VLP or of the withdrawal of any individual farmer or rancher;
- not require land set-aside for impacts to wildlife caused by withdrawing participation in the VLP and shall not impose penalties or disincentives for withdrawing participation;
- not prohibit take of listed species during termination or withdrawal provided that the terms and conditions governing withdrawal or termination have been followed.
Confidentiality. All information generated by a VLP or an individual landowner in the course of participation in the program that identifies or indicates the existence of endangered, threatened or otherwise protected species or their habitat on a particular farm or ranch, including but not limited to observations, records, correspondence and communications, shall be confidential to the extent permitted by the Public Records Act and other applicable laws. Confidentiality shall be ensured by the program, members of the program committee, all public agencies and each of their respective agents and employees who obtain such information to the extent permitted by law. Confidential information may only be used or shared as necessary for the administration, approval or denial of a VLP, or as otherwise required or authorized by law. The confidentiality provisions of this section extend to the reports prepared pursuant to California Code of Regulation, title 14, section 786.7 unless the release of information is authorized in writing by an individual landowner specifically for that purpose.
Annual Report. The annual report, submitted to CDFW, must include a summary of the acreage benefitting from the local program and a summary of the success of the management practices and recommendations, if any, on how to further improve voluntary participation by farmers and ranchers and further improve benefits to wildlife. The annual report must not include information generated by a voluntary local program or an individual landowner that identifies or indicates the existence of endangered, threatened or otherwise protected species or their habitat on a particular farm or ranch.
See Fish and Game Code, section 2086, subdivision (f)(3) for additional requirements.
Definitions
This section defines terms frequently used in association with VLPs. See Fish and Game Code, § 86, Fish and Game Code, § 2062, Fish and Game Code, §§ 2067-2068 and Cal. Code Regs. Tit. 14, § 786.1 for more information.
- Take
- Hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.
- Endangered species
- A native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant which is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease. Any species determined by the commission as “endangered” on or before January 1, 1985, is an “endangered species.”
- Threatened species
- A native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that, although not presently threatened with extinction, is likely to become an endangered species in the foreseeable future in the absence of the special protection and management efforts required by this chapter. Any animal determined by the commission as “rare” on or before January 1, 1985, is a “threatened species.”
- Candidate species
- A native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that the commission has formally noticed as being under review by the department for addition to either the list of endangered species or the list of threatened species, or a species for which the commission has published a notice of proposed regulation to add the species to either list.
- Management Practices
- Practical, achievable agricultural practices that, to the maximum extent practicable, avoid and minimize the take of candidate, threatened or endangered species while encouraging enhancement of wildlife habitat without compromising the economics of agricultural operations when undertaken by a farmer or rancher. Examples of management practices include, but are not limited to, establishing brood ponds, installing artificial nesting structures, reducing harvester speed, integrated pest management techniques, planting fallow fields, delaying fall tillage, flooding harvested fields, and establishing wildlife refugia at margins of fields.
- Routine and Ongoing Agricultural Activities
- Activities related to established agricultural practice, that do not involve change from agricultural to non-agricultural use or change to more intensive farming practice, such as transforming grazed land to permanent crops.
- Examples may include, but are not limited to: cultivation and tillage of the soil; crop rotation; fallowing; dairying; production, cultivation, growing, replanting and harvesting of any agricultural commodity including viticulture, vermiculture, apiculture, or horticulture; the raising of livestock, fur bearing animals, fish, or poultry; preparation for market, delivery to storage or to market.
- Local Program
- A locally designed voluntary program to encourage the enhancement and maintenance of habitat for candidate, threatened and endangered species and other wildlife in ways compatible with routine and ongoing agricultural activities on farms or ranches.