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As part of this special rule, the service may permit take of the gnatcather in conjunction with activities covered by approved plans prepared under the state of California's Natural Community Conservation Planning Act of 1991 (NCCP).
In addition, many state and federal agencies and environmental groups signed a formal Planning Agreement in September 2006 and are developing Bay Delta Conservation Plan (BDCP) for at-risk fish species under the provisions of the State Natural Community Conservation Planning Act (NCCPA) and the federal Endangered Species Act under Section 10 that allows for Habitat Conservation Plans (HCP).