(1) The Department shall assist the individual(s) seeking to establish a voluntary local program with contacts and information from the Department of Food and Agriculture, the local county Agricultural Commissioner, University of California Cooperative Extension agents, local non-profit and private sector entities or other agricultural experts.

(2) The Department will, upon request, provide the best available scientific information in its possession on any candidate, threatened, or endangered species within the vicinity of the proposed voluntary local program and any such information the Department has on possible management practices.

(3) The Department shall serve as a repository for information concerning possible management practices. The Department may collect information from persons with expertise in agriculture, biology or habitat conservation, including but not limited to representatives of the California Department of Food and Agriculture, the U.S. Department of Agriculture, local county agricultural commissioners, University of California Cooperative Extension agents, the Farm Bureau, the Bureau of Land Management, the University of California at Riverside and Davis, California State University at Fresno, California Polytechnic University at Pomona and San Luis Obispo, and the Cattlemen's Association, and shall review the information with the California Department of Food and Agriculture for the purpose of obtaining advice as to the information's practical application to local programs. The Department will incorporate available information developed in the preparation and establishment of each voluntary local program into that repository to facilitate the establishment of subsequent voluntary local programs and to periodically update information.

(1) Area Description. A description of the area to be covered by the voluntary local program needs to include: geographic boundaries; the number of acres covered by the voluntary local program area; the 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 local program; and reasonably attainable interim targets and long-range goals for increasing the quantity and quality of wildlife habitat throughout the program area.

(2) Designated Representative. The local program shall identify the name and address of one or more designated representative(s) who will serve as a contact person for communications between the voluntary local program and Department.

(3) List of Management Practices. The management practices so listed shall be described in an appendix to the voluntary local program 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 these practices are intended to minimize the take of candidate, threatened and endangered species while encouraging the enhancement of habitat. The Department shall not require land set-aside or conservation easements as a management practice.

(4) Activities Covered by the Plan. A description of the general types of agricultural activities covered and a reasonable estimate of the type and amount of habitat to be maintained and enhanced and 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 voluntary local program.

(5) Best Available Scientific Information. A statement with supporting evidence that the management practices are supported by the best available scientific information for both agricultural and habitat conservation practices. The Department shall not require the development of additional scientific information or data as a condition of approval for the voluntary local program.

(6) Flexibility. A statement with supporting evidence that the voluntary local program is designed to provide sufficient flexibility to maximize participation and to gain maximum wildlife benefits without compromising the economics of agricultural operations.

(7) Environmental Analysis. An environmental analysis meeting the requirements of this subsection shall be prepared and submitted to the Department, except that when another public agency is acting as lead agency under the California Environmental Quality Act, Public Resources Code sections 21000 et seq. (“CEQA”), in the preparation and adoption of the local program, the Department, acting as a responsible agency, will consider the lead agency's environmental document in place of this environmental analysis. The environmental analysis shall include a description of the proposed local program and an analysis of any potentially significant adverse effects of the local program on the environment.

(8) Administrative Plan. The written administrative plan, which describes how the voluntary local program is administered, shall include: a record keeping process which will document implementation of the program's management practices while protecting the confidentiality of participants and conforming with confidentiality under section 786.2(d)(10) of this article; a procedure for developing, reviewing and revising recommendations for management practices; a procedure for assessing the acreage benefitting from the local program on an annual basis; and a procedure for revoking the participation in the local program of any local program participant who fails to conduct agricultural activities or recommended management practices in a manner which is consistent with the requirements of the local program. Failure to conduct an agricultural activity or recommended management practice due to an act of nature or an event beyond the control of a local 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 local program.

(9) Withdrawal and Termination of the Voluntary Local Program. This element shall include terms and conditions for withdrawing individual participation in the voluntary local program or for termination of the entire voluntary local program. These terms and conditions shall establish a reasonable time period and reasonable measures to minimize impacts to listed species in the area during withdrawal from or termination of the local program, without compromising the economics of agricultural operations. These terms and conditions:

(10) Confidentiality. All information generated by a voluntary local program or an individual landowner in the course of participation in the local 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 local 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 local program, or as otherwise required by law or expressly authorized in this article. Nothing in this article waives, compromises or eliminates any right of confidentiality recognized in the state's Public Records Act or Evidence Code. Waiver of any right of confidentiality for such information shall not be a condition for approval of a local program or participation in a local program. The confidentiality provisions of this section extend to the reports prepared pursuant to section 786.7 of this article unless the release of information is authorized in writing by an individual landowner specifically for that purpose.

(11) Annual Report. The annual report shall include a summary of the acreage benefitting from the local program and a summary of the success of the management practices listed pursuant to subsection (d)(3) of this section and recommendations, if any, on how to further improve voluntary participation by farmers and ranchers and further improve benefits to wildlife. The annual report shall 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.