text:
(a) Any person seeking to amend any bank shall submit to the department a complete bank amendment package containing each of the original bank agreement package documents, including any prior amendments, as well as any documents proposed to be amended or that would be affected by the proposed amendment. The department may adopt and amend guidelines and criteria for the bank amendment package pursuant to subdivision (c) of Section 1799.1.

(b) (1) Within 30 calendar days following its receipt of a draft bank amendment package and any fee required by subdivision (c), the department shall determine whether or not the package is complete and give written notice of that determination to the person who submitted the package.

(2) If the department determines that the bank amendment package is complete, then within 90 calendar days of that determination, the department shall determine whether or not the package is acceptable and notify the person who submitted the package of that determination. If the bank amendment package is determined not to be acceptable, the determination shall state the reasons. The department may request clarifying information during the bank amendment review process. The department may extend the 90-day period for reviewing the bank amendment package by an additional 60 days if the department determines that 90 days is insufficient time to complete its review of a bank amendment package for reasons that may include, but are not limited to, the size, location, or complexity of the bank or bank amendment documents, that the package includes a development plan, or that there are substantial variations from recommended standard forms.

(c) (1) The department shall collect a fee of either seven thousand five hundred dollars ($7,500) or twenty-five thousand dollars ($25,000) per bank amendment package to fund the reasonable cost of the department’s review services. The fee of seven thousand five hundred dollars ($7,500) is intended to cover the reasonable cost of the department’s services in reviewing simple amendments, such as a change in bank name, ownership change, address change, or proposed decrease in the number of credits proposed. The fee of twenty-five thousand dollars ($25,000) is intended to cover the reasonable cost of the department’s services in reviewing all other amendments, including, but not limited to, requests for increase change in service area, or increase in the number of credits. A regional manager or department equivalent, or a higher level department representative employee, shall determine which of the two fees is appropriate and shall provide notification of that determination to the person who submitted the request for bank amendment package pursuant to paragraph (3).

(2) An initial fee of seven thousand five hundred dollars ($7,500) shall be submitted to the department with the bank amendment package.

(3) Within 30 calendar days following the department’s receipt of a bank amendment package and the initial fee, pursuant to paragraph (2), the department shall determine whether or not the package is complete and give written notice of the determination to the person who submitted it and, if applicable, notice pursuant to paragraph (1) that the person shall remit an additional fee of seventeen thousand five hundred dollars ($17,500). If noticed by the department, the additional fee of seventeen thousand five hundred dollars ($17,500) shall be submitted to the department within 30 days of the notice. If the additional fee is not received by this date, the review timelines in this section shall be suspended until the fee is received by the department.

(4) If the department determines that the bank amendment package is not complete, the package may be made complete and resubmitted. If the department determines that the bank amendment package is complete, then within 90 calendar days of that determination and the receipt of the additional fee pursuant to paragraph (3), if applicable, the department shall determine whether or not the bank amendment package is acceptable and notify the person who submitted the package of the determination.

(d) (1) If the department determines that the bank amendment package is not acceptable the determination shall state the reasons.

(2) The department may request clarifying information during the bank amendment review process.

(e) If the department needs supplemental information during its review of the bank amendment package in order to fully evaluate the proposed amendment, the regional manager or department equivalent, or a higher level department employee, shall provide the person seeking to amend the bank, in writing, a written request for the needed information. Upon the department’s receipt of the requested information, a new 90-day period shall begin during which the department will determine acceptability pursuant to paragraph (4) of subdivision (c). If the department does not receive the requested information within 60 calendar days of the department’s request, the bank amendment package shall be deemed unacceptable.

(f) If the person seeking to amend the bank proposes changes to the bank amendment package that have not been solicited by the department during its the department’s 90-day review period, including, but not limited to, parties, number or type of credits, bank size, number or type of species, credit release schedule, service area, design change, or other changes as identified by the department to require additional review time, the department, acting through the regional manager or department equivalent, or a higher level department employee, shall assess a one-time fee of ten thousand dollars ($10,000) to cover the reasonable cost of the department’s services in reviewing the changes. A new 90-day review period shall begin upon receipt of the proposed changes and the fee, during which the department shall determine acceptability pursuant to paragraph (4) of subdivision (c).

(g) If the department determines that 90 days is insufficient time to complete its review of the bank amendment package for reasons, including, but not limited to, the size, location, or complexity of the bank or bank amendment package, that the package includes a development or construction plan, or substantial variations from recommended standard forms, the department may extend the 90-day period for reviewing the bank amendment package by an additional 60 calendar days.

(h) If the department determines that a bank amendment package is not acceptable, then the package may be resubmitted in accordance with subdivision (a) if further consideration is desired. Any resubmittal shall be accompanied by payment of all applicable bank amendment package review fees.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 26. (AB 1760) Effective January 1, 2024.)


kind: section

code: FGC

text: A bank prospectus, agreement, or amendment package submitted to the department, but not approved as of January 1, 2013, shall be reviewed for completeness or acceptability in accordance with the timelines provided by this chapter and only after the department has collected all appropriate fees pursuant to this chapter.

history: (History: Added by Stats. 2012, Ch. 565, Sec. 14. (SB 1148) Effective January 1, 2013.)

division: 2. DEPARTMENT OF FISH AND WILDLIFE

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 7.9. Conservation Bank and Mitigation Bank Applications and Fees


citation: FGC § 1799

text:
(a) Until the department has approved a bank, in writing, and, if applicable, a conservation easement has been recorded on the site, no bank shall be operative, vested, or final, nor bank credits issued. No amendment to an approved bank shall be effective without the written approval of the department.

(b) Following approval of a final bank agreement package and establishment of a bank, the department shall conduct compliance review activities as provided in the approved bank enabling instrument.

(c) (1) The department shall establish and maintain a database that allows bank sponsors to accurately update and add information about mitigation and conservation banks. This data shall be available on the department’s Internet Web site or accessible by a link from the department’s Internet Web site. The available information shall include, but is not limited to, the total number of each type of bank credit, the types of credits sold or obligated, the number of credits sold or obligated, the number of credits applied, the balance of each type of credit remaining, the status of the species and habitat at the bank, links to the bank’s long-term management plans, and links to the complete annual monitoring reports required by departmental policy.

(2) Information contained in the database created pursuant to former Chapter 9 (commencing with Section 1850) on January 1, 2011, shall be incorporated into the database established pursuant to paragraph (1).

(d) By January 1, 2014, and annually thereafter, the department shall provide a report to the Legislature. The report shall include the following information based on data from the previous calendar year:

(1) Number of new bank applications, prospectuses, bank agreement packages, and amendments received.

(2) Number of bank applications approved, rejected because not complete, rejected because not acceptable, and withdrawn.

(3) Name of new or existing bank, geographic location, number of acres, number of credits approved for each habitat type or species, and number of credits sold.

(4) An accounting of fees collected pursuant to this chapter.

(5) A statement of whether or not the timelines for bank review in this chapter were met.

(6) Other information determined by the department to be relevant in assessing the effectiveness of the department’s mitigation and conservation banking program.

(e) (1) The department shall collect fees to pay for all or a portion of the department’s bank implementation and compliance costs.

(2) The department shall collect a total payment of sixty thousand ($60,000) per bank, apportioned by an amount that equals the ratio of the number of credits released to the total number of credits in the bank, and shall be identified in the bank enabling instrument. Payments shall be due following each credit release no later than the due date for the submission of the bank’s annual report. The payments shall be submitted following each credit release and no later than the time of the submission of the bank’s annual report. The department may require the bank to cease selling credits and may stop credit releases until these fees are paid in full. The department shall assess a penalty of 10 percent of the amount of fees due if there is a failure to remit the amount payable when due.

chapter: 7.9. Conservation Bank and Mitigation Bank Applications and Fees


text:
(a) The department shall annually adjust the fees in this chapter pursuant to Section 713.

(b) Moneys received pursuant to this chapter shall be deposited in a separate dedicated account within the Fish and Game Preservation Fund and expended for the purposes of this chapter.

(c) The department shall adopt and amend guidelines and criteria to implement this chapter. The department shall develop these guidelines and criteria in coordination with interested parties, including, but not limited to, bank sponsors, conservation organizations, and federal and state bank approving agencies. The guidelines shall incorporate all relevant documents and program guidance, including, but not limited to, the 2011 Memorandum of Understanding approved by the United States Fish and Wildlife Service, the United States Army Corps of Engineers, and the United States Environmental Protection Agency, for the purpose of jointly establishing a framework for developing and using combined or coordinated approaches to mitigation and conservation banking in California. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the development, adoption, or amendment, of guidelines or criteria pursuant to this section. The guidelines and criteria shall be posted on the department’s Internet Web site.

(d) The costs of a conservation and mitigation banking program, including, but not limited to, costs incurred by the department during its guideline adoption and review, approval, establishment, monitoring, and oversight of banks, shall be reimbursed from revenues of conservation and mitigation bank application fees imposed pursuant to Sections 1798.5, 1798.6, and 1799.


citation: FGC § 1800

text: As used in this chapter “wildlife” means birds, mammals, and reptiles not raised in captivity.

history: (History: Added by Stats. 1974, Ch. 1190.)

chapter: 8. Conservation of Wildlife Resources

article: 1. Definitions

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 8. Conservation of Wildlife Resources > 1. Definitions


citation: FGC § 1801

text:
It is hereby declared to be the policy of the state to encourage the preservation, conservation, and maintenance of wildlife resources under the jurisdiction and influence of the state. This policy shall include the following objectives:

(a) To maintain sufficient populations of all species of wildlife and the habitat necessary to achieve the objectives stated in subdivisions (b), (c), and (d).

(b) To provide for the beneficial use and enjoyment of wildlife by all citizens of the state.

(c) To perpetuate all species of wildlife for their intrinsic and ecological values, as well as for their direct benefits to all persons.

(d) To provide for aesthetic, educational, and nonappropriative uses of the various wildlife species.

(e) To maintain diversified recreational uses of wildlife, including the sport of hunting, as proper uses of certain designated species of wildlife, subject to regulations consistent with the maintenance of healthy, viable wildlife resources, the public safety, and a quality outdoor experience.

(f) To provide for economic contributions to the citizens of the state, through the recognition that wildlife is a renewable resource of the land by which economic return can accrue to the citizens of the state, individually and collectively, through regulated management. Such management shall be consistent with the maintenance of healthy and thriving wildlife resources and the public ownership status of the wildlife resources.

(g) To alleviate economic losses or public health or safety problems caused by wildlife to the people of the state either individually or collectively. Such resolution shall be in a manner designed to bring the problem within tolerable limits consistent with economic and public health considerations and the objectives stated in subdivisions (a), (b) and (c).

(h) It is not intended that this policy shall provide any power to regulate natural resources or commercial or other activities connected therewith, except as specifically provided by the Legislature.

history: (History: Amended by Stats. 1992, Ch. 279, Sec. 1. Effective January 1, 1993.)

article: 2. Policy

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 8. Conservation of Wildlife Resources > 2. Policy


citation: FGC § 1802

text: The department has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. The department, as trustee for fish and wildlife resources, shall consult with lead and responsible agencies and shall provide, as available, the requisite biological expertise to review and comment upon environmental documents and impacts arising from project activities, as those terms are used in the California Environmental Protection Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

history: (History: Added by Stats. 1990, Ch. 1706, Sec. 10.)

article: 2. Policy


citation: FGC § 1850

text:
(a) The Legislature finds and declares that it would be beneficial to identify species and habitat conservation initiatives at a regional scale, including actions to address the impacts of climate change and other wildlife stressors, in order to guide voluntary investments in conservation, and compensatory mitigation for impacts to ecological resources, including impacts to threatened and endangered species, other sensitive species, natural communities, ecological processes, and wildlife corridors.

(b) The purpose of this chapter is to promote the voluntary conservation of natural resources, including biodiversity and ecological processes, and to enhance resiliency to climate change and other threats. In order to further this goal, it is the policy of the state to encourage voluntary mechanisms to conserve biological and other ecological resources and to identify conservation actions, including actions to promote resiliency to the impacts of climate change and other stressors to species and habitat.

(c) It is further the policy of the state to encourage voluntary mechanisms to identify and implement advance mitigation actions that do all of the following:

(1) Can be used to compensate for project impacts, including, but not limited to, infrastructure and renewable energy projects, more efficiently.

(2) Are effective ecologically.

(3) Will help to conserve regionally important biological and other ecological resources.

(d) In enacting this chapter, it is the intent of the Legislature to promote science-based conservation, including actions to promote resiliency to the impacts of climate change and other stressors. It is further the intent of the Legislature to create nonregulatory mechanisms to guide investments in conservation, infrastructure, and compensatory mitigation for impacts to natural resources, including impacts to threatened and endangered species, other sensitive species, natural communities, ecological processes, and connectivity.

(e) In enacting this chapter, it is not the intent of the Legislature to regulate the use of land, establish land use designations, or to affect, limit, or restrict the land use authority of any public agency.

(f) Further, in enacting this chapter, it is not the intent of the Legislature that an approved regional conservation investment strategy would be binding on independent public agency action within the strategy’s geographic scope.

history: (History: Added by Stats. 2016, Ch. 455, Sec. 2. (AB 2087) Effective January 1, 2017.)

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 9. Advance Mitigation And Regional Conservation Investment Strategies


citation: FGC § 1851

text:
For purposes of this chapter:

(a) “Areas of Conservation Emphasis” means the biodiversity analysis completed by the department in 2010, or the latest update of that analysis.

(b) “Compensatory mitigation” means actions taken to fulfill, in whole or in part, mitigation requirements under state or federal law or a court mandate.

(c) “Conservation action” means an action to preserve or to restore ecological resources, including habitat, natural communities, ecological processes, and wildlife corridors, to protect those resources permanently, and to provide for their perpetual management, so as to help to achieve one or more biological goals and objectives for one or more focal species. Conservation actions may include, but are not limited to, actions to offset impacts to focal species.

(d) “Conservation easement” means a perpetual conservation easement that complies with Chapter 4 (commencing with Section 815) of Title 2 of Part 2 of Division 2 of the Civil Code.

(e) “Draft natural community conservation plan” means a substantially complete draft of a natural community conservation plan that is released after January 1, 2016, to the general public, plan participants, and the department.

(f) “Focal species” means sensitive species within a regional conservation investment strategy area that are analyzed in the strategy and will benefit from conservation actions and habitat enhancement actions set forth in the strategy.

(g) “Habitat enhancement action” means an action to improve the quality of wildlife habitat, or to address risks or stressors to wildlife, that has long-term durability but does not involve land acquisition or the permanent protection of habitat, such as improving in-stream flows to benefit fish species, enhancing habitat connectivity, or invasive species control or eradication.

(h) “Performance-based milestones” means specifically identified steps in the implementation of a conservation action or habitat enhancement action, such as site protection, initiating implementation, completing implementation, or achieving performance standards.

(i) “Performance standards” means observable or measurable physical or biological attributes that are used to determine if a conservation action or habitat enhancement action has met its objectives.

(j) “Permanently protect” means doing both of the following:

(1) Recording a conservation easement, in a form approved in advance in writing by the department, or establishing perpetual protection of land in a manner consistent with draft or approved natural community conservation plans within the area of the applicable regional conservation investment strategy and approved in advance in writing by the department, that prevents development, prohibits inconsistent uses, and ensures that habitat for focal species is maintained.

(2) Providing secure, perpetual funding for management of the land, monitoring, and legal enforcement and defense.

(k) “Regional conservation assessment” means information and analyses that document the important species, ecosystems, ecosystem processes, protected areas, and linkages within an ecoregion to provide the appropriate context for nonbinding, voluntary conservation strategies and actions. Those assessments include information for the identification of areas with greatest probability for long-term ecosystem conservation success incorporating cobenefits of ecosystem services, such as carbon, water, and agricultural lands. A regional conservation assessment may be used to provide context at an ecoregional or subecoregional scale to assist with the development of a regional conservation investment strategy. A regional conservation assessment is nonbinding, voluntary, and does not create, modify, or impose regulatory requirements or standards, regulate the use of land, establish land use designations, or affect the land use authority of, or the exercise of discretion by, any public agency. The preparation and use of a regional conservation assessment is voluntary.

(l) “Regional conservation investment strategy” means information and analyses prepared pursuant to this chapter to inform nonbinding and voluntary conservation actions and habitat enhancement actions that would advance the conservation of focal species, habitat, and other natural resources and to provide nonbinding voluntary guidance for the identification of wildlife and habitat conservation priorities, investments in ecological resource conservation, or identification of locations for compensatory mitigation for impacts to species and natural resources. Regional conservation investment strategies are intended to provide scientific information for the consideration of public agencies, are voluntary, and do not create, modify, or impose regulatory requirements or standards, regulate the use of land, establish land use designations, or affect the land use authority of or exercise of discretion by, any public agency. The preparation and use of regional conservation investment strategies for this guidance is voluntary.

(m) “Regional level” means the geographic scale of relevant ecologically defined units such as ecoregions.

(n) “Sensitive species” means any special status species identified by a state or federal agency.

history: (History: Amended by Stats. 2022, Ch. 463, Sec. 1. (AB 2805) Effective January 1, 2023.)

chapter: 9. Advance Mitigation And Regional Conservation Investment Strategies


citation: FGC § 1852

text:
(a) The department may approve a regional conservation investment strategy pursuant to this chapter. A regional conservation investment strategy may be proposed by the department or any other public agency or federally recognized tribe and shall be developed after consulting with local agencies that have land use authority within the geographic area of the regional conservation investment strategy.

(b) The purpose of a regional conservation investment strategy shall be to inform science-based nonbinding and voluntary conservation actions and habitat enhancement actions that would advance the conservation of focal species, including the ecological processes, natural communities, and habitat connectivity upon which those focal species depend, and to provide nonbinding voluntary guidance for one or more of the following:

(1) Identification of wildlife and habitat conservation priorities, including actions to address the impacts of climate change and other wildlife stressors.

(2) Investments in resource conservation.

(3) Infrastructure.

(4) Identification of areas for compensatory mitigation for impacts to species and natural resources.

(c) A regional conservation investment strategy shall include all of the following:

(1) An explanation of the conservation purpose of and need for the strategy.

(2) The geographic area of the strategy and rationale for the selection of the area, together with a description of the surrounding ecoregions and any adjacent protected habitat areas and linkages that provide relevant context for the development of the strategy.

(3) The focal species included in, and their current known or estimated status within, the strategy area.

(4) Important resource conservation elements within the strategy area, including, but not limited to, important ecological resources and processes, natural communities, habitat, habitat connectivity, and existing protected areas, and an explanation of the criteria, data, and methods used to identify those important conservation elements.

(5) A summary of historic, current, and projected future stressors and pressures in the strategy area, including climate change vulnerability, on the focal species, habitat, and other natural resources, as identified in the best available scientific information, including, but not limited to, the State Wildlife Action Plan.

(6) Consideration of major water, transportation and transmission infrastructure facilities, urban development areas, and city, county, and city and county general plan designations that accounts for reasonably foreseeable development of major infrastructure facilities, including, but not limited to, renewable energy and housing in the strategy area.

(7) A statement explaining how the strategy will be in compliance with all applicable laws and does not preempt the authority of state or local agencies, to implement infrastructure and urban development in local general plans.

(8) Conservation goals and measurable objectives for the focal species and important conservation elements identified in the strategy that address or respond to the identified stressors and pressures on focal species.

(9) Conservation actions, including a description of the general amounts and types of habitat that, if preserved or restored and permanently protected, could achieve the conservation goals and objectives, and a description of how the conservation actions and habitat enhancement actions were prioritized and selected in relation to the conservation goals and objectives.

(10) Provisions ensuring that the strategy is consistent with and complements any draft natural community conservation plan, approved natural community conservation plan, or federal habitat conservation plan that overlaps with the strategy area.

(11) An explanation of whether and to what extent the strategy is consistent with any previously approved state or federal recovery plan, or other state or federal approved conservation strategy that overlaps with the strategy area.

(12) A summary of mitigation banks and conservation banks approved by the department or the United States Fish and Wildlife Service that are located within the strategy area or whose service area overlaps with the strategy area.

(13) A description of how the strategy’s conservation goals and objectives provide for adaptation opportunities against the effects of climate change for the strategy’s focal species.

(14) Incorporation and reliance on, and citation of, the best available scientific information regarding the strategy area and the surrounding ecoregion, including a brief description of gaps in relevant scientific information, and use of standard or prevalent vegetation classifications and standard ecoregional classifications for terrestrial and aquatic data to enable and promote consistency among regional conservation investment strategies throughout California.

(d) A regional conservation investment strategy shall compile input and summary priority data in a consistent format that could be uploaded for interactive use in an internet website and that would allow stakeholders to generate queries of regional conservation values within the strategy area.

(e) In addition to considering the potential to advance the conservation of focal species, regional conservation investment strategies shall consider all of the following:

(1) The conservation benefits of preserving working lands for agricultural uses.

(2) Reasonably foreseeable development of infrastructure facilities.

(3) Reasonably foreseeable projects in the strategy area, including, but not limited to, housing.

(4) Reasonably foreseeable development for the production of renewable energy.

(5) Draft or approved natural community conservation plans within the area of the applicable regional conservation investment strategy.

history: (History: Amended by Stats. 2022, Ch. 463, Sec. 2. (AB 2805) Effective January 1, 2023.)


citation: FGC § 1853

text:
(a) The department may approve a regional conservation assessment pursuant to this chapter. A regional conservation assessment may be proposed by the department or any other public agency. A regional conservation assessment is not required for department approval of a regional conservation investment strategy.

(b) If a regional conservation assessment that encompasses the area of a proposed regional conservation investment strategy has already been approved by the department, the strategy shall explain how and to what extent it has incorporated the assessment information and analysis.

(c) A regional conservation assessment shall do all of the following:

(1) Identify and summarize relevant regional pressures and stressors, including climate change vulnerability, conservation areas and habitat connectivity values, included in all of the following:

(A) Conservation plans, such as the State Wildlife Action Plan and approved natural community conservation plans.

(B) Analyses designed to identify areas of high biological diversity, such as the Areas of Conservation Emphasis.

(C) Analyses designed to identify areas for habitat connectivity.

(2) Identify the best available scientific information and analyses, including geospatial information regarding the distribution of species and natural communities.

(3) Use spatial analysis to identify ecological relationships between existing protected areas and conservation areas.

(4) Use standard or prevalent vegetation classifications and standard ecoregional classifications for terrestrial and aquatic data to enable and promote consistency among regional conservation assessments throughout California.

(5) Compile input and summary data in a consistent format that could be uploaded for interactive use in an internet website and that would allow stakeholders to generate queries of regional conservation values within the strategy area.

(6) Be consistent with and complement any draft natural community conservation plans, approved natural community conservation plans, regional federal habitat conservation plans, and approved recovery plans that overlap with the ecoregion or subecoregion included in the assessment.

(7) Consider existing major water, transportation, and transmission infrastructure facilities in the assessment area and account for reasonably foreseeable development of major infrastructure facilities, including, but not limited to, renewable energy and housing.

(8) Include a statement explaining how the assessment will be in compliance with all applicable laws and does not preempt the authority of state or local agencies, to implement infrastructure and urban development in local general plans.

(9) Include an explanation of whether, and to what extent, the assessment is consistent with any previously approved assessment or amended assessment, state or federal recovery plan, or other state or federal approved conservation strategy that overlaps with the assessment area.

history: (History: Amended by Stats. 2022, Ch. 463, Sec. 3. (AB 2805) Effective January 1, 2023.)


citation: FGC § 1854

text:
(a) The department may prepare or approve a regional conservation investment strategy, or approve an amended strategy, for an initial period of up to 10 years after finding that the strategy meets the requirements of Section 1852. The department may extend the duration of an approved or amended regional conservation investment strategy for additional periods of up to 10 years after finding that the strategy continues to meet the requirements of Section 1852. For purposes of this section, an amended strategy means a complete regional conservation investment strategy submitted by a public agency or federally recognized tribe to amend substantially and to replace an approved strategy submitted by the public agency or federally recognized tribe.

(b) It is the intent of this chapter to establish requirements that provide sufficient flexibility to develop each regional conservation investment strategy based on the best available information regarding the strategy area.

(c) (1) A public agency or federally recognized tribe shall publish notice of its intent to create a regional conservation investment strategy. This notice shall be filed with the Governor’s Office of Planning and Research and the county clerk of each county that the regional conservation investment strategy is found in part or in whole. If preparation of a regional conservation investment strategy was initiated before January 1, 2017, this notice shall not be required.

(2) (A) A public agency or federally recognized tribe proposing a strategy or amended strategy shall hold a public meeting to allow interested persons and entities to receive information about the draft regional conservation investment strategy or amended strategy early in the process of preparing it and to have an adequate opportunity to provide comments. The public meeting shall be held at a location within or near the strategy area.

(B) In a draft regional conservation investment strategy or amended strategy submitted to the department for approval, the public agency or federally recognized tribe shall include copies of written public comments submitted to the public agency or federally recognized tribe at the public meeting and responses to those written comments.

(C) If preparation of a regional conservation investment strategy was initiated before January 1, 2017, and a public meeting regarding the strategy or amended strategy that is consistent with the requirements of this section was held before January 1, 2017, an additional public meeting shall not be required.

(D) If preparation of a regional conservation investment strategy was initiated before January 1, 2017, and a public meeting regarding the strategy was not held before January 1, 2017, the public meeting required under this section may be held after January 1, 2017, if it is held at least 30 days before the strategy is submitted to the department for approval.

(3) At least 30 days before holding a public meeting to distribute information about the development of a draft regional conservation investment strategy or amended strategy, a public agency or federally recognized tribe proposing a strategy shall provide notice of a regional conservation investment strategy or amended strategy public meeting as follows:

(A) On the public agency’s or federally recognized tribe’s internet website and any relevant LISTSERV.

(B) To each city, county, and city and county within or adjacent to the regional conservation investment strategy area.

(C) To the implementing entity for each natural community conservation plan or federal regional habitat conservation plan that overlaps with the strategy area.

(D) To each public agency, organization, or individual who has filed a written request for the notice, including any agency, organization, or individual who has filed a written request to the department for notices of all regional conservation investment strategy public meetings.

(4) After a draft regional conservation investment strategy or an amendment to a strategy is submitted to the department for approval, the department shall have 30 days to deem the draft regional conservation investment strategy or an amended strategy complete or to explain in writing to the public agency or federally recognized tribe submitting the strategy or amended strategy what is needed to complete the strategy or amended strategy. Within 30 days of deeming a draft regional conservation investment strategy or amended strategy complete, the department shall make the draft strategy or amended strategy available to the public on its internet website for review and comment for a period of at least 60 days and shall notify any public agency, organization, or individual who has filed a written request to the department for notices regarding draft regional conservation strategies. In a final regional conservation investment strategy or amended strategy submitted to the department for approval, the public agency or federally recognized tribe shall include responses to all written public comments submitted during the public comment period.

(5) Within 30 days of the department deeming that the draft regional conservation investment strategy or amended strategy is complete, concurrent with public review of the draft strategy, the public agency or federally recognized tribe proposing the investment strategy or amended strategy shall notify the board of supervisors and the city councils in each county within the geographical scope of the strategy and provide the board of supervisors and the city councils with an opportunity to submit written comments for a period of at least 60 days. In a final regional conservation investment strategy or amended strategy submitted to the department for approval, the public agency or federally recognized tribe shall include responses to all comments submitted to the public agency or federally recognized tribe during the comment period.

(6) After a final regional conservation investment strategy or amended strategy is submitted to the department for approval, the department shall have 60 days to approve the final regional conservation investment strategy or amended strategy or to explain in writing to the public agency or federally recognized tribe submitting the strategy or amended strategy what is needed to approve the strategy or amended strategy.

(d) The department shall make all approved regional conservation investment strategies, including all updates to scientific information and analyses used in a regional conservation investment strategy and any amendments to the strategy available on its internet website.

(e) The department shall require the use of consistent metrics that incorporate both the area and quality of habitat and other natural resources in relation to a regional conservation investment strategy’s conservation objectives to measure the net change resulting from the implementation of conservation actions and habitat enhancement actions.

history: (History: Amended by Stats. 2022, Ch. 463, Sec. 4. (AB 2805) Effective January 1, 2023.)


citation: FGC § 1855

text:
(a) Regional conservation investment strategies shall not affect the authority or discretion of any public agency and shall not be binding upon public agencies other than parties to a mitigation credit agreement. Nothing in this chapter increases or decreases the authority or jurisdiction of the department regarding any land use, species, habitat, area, resource, plan, process, or corridor. Regional conservation investment strategies are intended to provide scientific information for the consideration of public agencies. Nothing in this chapter or any other provision of law requires any public agency, other than a public agency that is party to a mitigation credit agreement, to adopt, implement, or otherwise adhere to a regional conservation investment strategy or a regional conservation assessment.

(b) The approval or existence of a regional conservation investment strategy, mitigation credit agreement, or credit pursuant to this chapter does not do any of the following:

(1) Modify in any way the standards for issuance of incidental take permits or consistency determinations pursuant to Section 2081 or 2080.1, issuance of take authorizations pursuant to Section 2835, the issuance of lake or streambed alteration agreements pursuant to Section 1602, or any other provision of this code or regulations adopted pursuant to this code.

(2) Modify in any way the standards under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), or in any way limit a lead agency’s or responsible agency’s discretion, in connection with any determination of whether a proposed project may or may not result in significant environmental effects or in any way establish a presumption in connection with any determination of whether a proposed project may or may not result in significant environmental effects or whether a proposed project’s impacts would be mitigated.

(3) Prohibit or authorize any project or project impacts.

(4) Create a presumption or guarantee that any proposed project will be approved or permitted, or that any proposed impact will be authorized, by any state or local agency.

(5) Create a presumption that any proposed project will be disapproved or prohibited, or that any proposed impact will be prohibited, by any state or local agency.

(6) Alter or affect, or create additional requirements for, the general plan of the city, county, or city and county, in which it is located.

(7) Constitute any of the following, for the purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code):

(A) A plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect.

(B) A local policy or ordinance protecting biological resources.

(C) An adopted local, regional, or state habitat conservation plan.

(c) Nothing in this chapter shall require a project proponent seeking to provide compensatory mitigation pursuant to Section 1602, 2080.1, 2081, or 2835 or the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) to undertake conservation actions or habitat enhancement actions identified in a regional conservation investment strategy; implement, contribute to, fund, or otherwise comply with the actions described in a regional conservation investment strategy; require or otherwise compel a project proponent to enter into a mitigation credit agreement; or use or purchase mitigation credits established pursuant to this chapter to satisfy the compensatory mitigation requirements. Nothing in this section shall prevent a project proponent from proposing mitigation consistent with one or more strategies approved pursuant to this chapter.

(d) Mitigation credits provided by this chapter shall not be utilized to fund or offset the costs of the design, construction, or mitigation of new Delta water conveyance facilities.

(e) The department shall not reject biologically appropriate and adequate compensatory mitigation proposed by a project proponent on the basis that the compensatory mitigation is not a conservation action or habitat enhancement identified in a regional conservation investment strategy.


citation: FGC § 1856

text:
(a) A conservation action or habitat enhancement action that measurably advances the conservation objectives of an approved regional conservation investment strategy may be used to create mitigation credits that can be used to compensate for impacts to focal species and other species, habitat, and other natural resources, as provided in this section. The requirements of this section apply only to the creation of mitigation credits under mitigation credit agreements pursuant to this section and do not establish requirements for other forms of compensatory mitigation.

(b) For a conservation action or habitat enhancement action identified in a regional conservation investment strategy to be used to create mitigation credits pursuant to this section, the regional conservation investment strategy shall include, in addition to the requirements of Section 1852, all of the following:

(1) An outline for adaptive management and monitoring of conserved habitat and other conserved natural resources, consistent with the goals and objectives of the regional conservation investment strategy. The outline shall guide the preparation of, and consistency among, monitoring and long-term adaptive management plans required pursuant to paragraph (14) of subdivision (g).

(2) (A) A process for persons and entities entering into mitigation credit agreements approved pursuant to the regional conservation investment strategy to provide information to the public agency or federally recognized tribe that proposed the regional conservation investment strategy to allow the public agency or federally recognized tribe to track the progress of, and evaluate the effectiveness of, conservation actions and habitat enhancement actions identified in the strategy in offsetting identified threats to focal species and achieving the strategy’s biological goals and objectives.

(B) The tracking and evaluation required pursuant to subparagraph (A) shall begin upon the creation of the first mitigation credit under a mitigation credit agreement approved pursuant to the regional conservation investment strategy. The evaluation required pursuant to subparagraph (A) shall be submitted to, and shall be considered by, the department before the department may extend the duration of an approved or amended regional conservation investment strategy pursuant to Section 1854. The evaluation may occur, and may be submitted to the department, no earlier than one year before the expiration of the regional conservation investment strategy. Tracking and evaluation shall be based on relevant, current, best available information and analyses, including, but not limited to, information reported under monitoring and long-term adaptive management plans required pursuant to paragraph (14) of subdivision (g).

(3) Identification of a public or private entity that will be responsible for the evaluation required pursuant to paragraph (2).

(c) If a person or public or private entity intends to create mitigation credits on multiple future sites over time, the person or entity may develop and submit an advance mitigation framework to the department for approval in a draft mitigation credit agreement pursuant to subdivision (g). Alternatively, the person or entity may submit an advance mitigation framework to the department for approval before submitting a draft mitigation credit agreement to the department and, if the advance mitigation framework is approved, may include it in a draft mitigation credit agreement. An advance mitigation framework shall include all of the following:

(1) A process and the terms and conditions on which the department will base its review and approval of mitigation credits on future sites.

(2) A description of the conservation actions or habitat enhancement actions that are consistent with, and will measurably advance the conservation objectives of, an approved regional conservation investment strategy, and will be used to create mitigation credits.

(3) A prioritization strategy for selecting future sites to implement the conservation actions or habitat enhancement actions described in the framework.

(d) (1) A mitigation credit created in accordance with this section may be used to fulfill, in whole or in part, compensatory mitigation requirements established under any state or federal environmental law, as determined by the applicable local, state, or federal regulatory agency.

(2) With the approval of the department, mitigation credit agreements may be combined with other instruments or agreements for the purpose of creating mitigation credits that may be used to fulfill, in whole or in part, compensatory mitigation requirements established in permits issued by one or more local, state, or federal regulatory agencies, as well as permits issued by the department.

(3) Mitigation credits approved by the department in accordance with this section may be used for, but are not limited to, the following:

(A) To compensate for take or other adverse impacts of activities authorized pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 within an approved regional conservation investment strategy area.

(B) To reduce adverse impacts to fish or wildlife resources, or both, from activities authorized pursuant to Chapter 6 (commencing with Section 1600) within an approved regional conservation investment strategy area to less than substantial.

(C) To mitigate significant effects on the environment within an approved regional conservation investment strategy area pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and Guidelines for Implementation of the California Environmental Quality Act (Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations).

(e) The department shall ensure the long-term durability of a habitat enhancement action. If a habitat enhancement action is used to create one or more mitigation credits pursuant to this section, the habitat enhancement action shall remain in effect at least until the site of the environmental impact is returned to preimpact ecological conditions.

(f) To create mitigation credits pursuant to this section, a person, or public or private entity, shall enter into a mitigation credit agreement with the department. The mitigation credit agreement shall identify the type and number of mitigation credits proposed to be created and the terms and conditions under which the mitigation credits may be used. Mitigation credits shall not be created on a site that has already been permanently protected and has been used, or is currently in use, to fulfill compensatory mitigation requirements for permanent impacts for one or more projects. The person or entity may create and use, sell, or otherwise transfer the mitigation credits upon department approval that the credits have been created in accordance with the agreement.

(g) To enter into a mitigation credit agreement with the department, a person or entity shall submit a draft mitigation credit agreement to the department for its review, revision, and approval or disapproval. Within 30 days of deeming a draft agreement complete, the department shall publish notice of the availability of the draft agreement by filing its notice with the Governor’s Office of Planning and Research and the city and county clerks of each county in which the agreement is applicable in part or in whole and shall make the draft agreement available to the public on its internet website, and to any public agency, organization, or individual who has filed a written request to the department for notices regarding agreements, for review and comment for a period of at least 60 days, following which the person or entity submitting the draft mitigation credit agreement proposal shall respond to written comments submitted during the public comment period, and the department may approve the agreement, approve it with revisions, or disapprove it. The department may enter into a mitigation credit agreement if it determines that the mitigation credit agreement does all of the following:

(1) Provides contact information for, and establishes the qualifications of, the person or entity entering into the agreement, the entity that will manage the site of the conservation action or habitat enhancement action, and any contractors or consultants.

(2) Fully describes the proposed conservation actions or habitat enhancement actions and explains how, and to what extent, they will measurably advance conservation objectives of the regional conservation investment strategy that have not yet been achieved.

(3) Identifies the location of the conservation actions or habitat enhancement actions, including a location map, address, and size of the site where the proposed conservation action or habitat enhancement action will be implemented.

(4) Provides color aerial and ground-level photographs that reflect current conditions on the site and surrounding properties.

(5) Explains how the mitigation credits will be created, including, but not limited to, information regarding proposed ownership arrangements, long-term management strategy, and any phases of implementation.

(6) Identifies mitigation banks and conservation banks approved by the department as a mitigation alternative and explains how available mitigation credits at those banks will be purchased or used in combination with the mitigation credits created under the mitigation credit agreement or, if those available mitigation credits will not be purchased or used, why they will not be purchased or used.

(7) Includes a natural resources evaluation that documents biotic and abiotic baseline conditions, including past, current, and adjacent land uses, vegetation types, species information, topography, hydrology, and soil types.

(8) Identifies public lands and permanently protected lands in the vicinity of the conservation actions or habitat enhancement actions.

(9) Fully describes the proposed type and quantity of mitigation credits and the supporting rationale. Mitigation credits created pursuant to this section shall directly correlate to the focal species and other species, habitat, and other natural resources protected by the conservation actions or habitat enhancement actions.

(10) Identifies metrics or indicators by which the proposed conservation action or habitat enhancement action’s contribution to achieving the strategy’s conservation goals and objectives can feasibly be measured with existing technology. The net ecological gain from the implementation of conservation actions and habitat enhancement actions that include habitat restoration shall be reported using consistent metrics that measure the increment of gain in the area and quality of habitat or other natural resource values compared to baseline conditions described in the regional conservation investment strategy, and measures the increment of gain in relation to the regional conservation investment strategy’s conservation objectives.

(11) Describes the proposed landownership of the site or sites of the conservation actions or habitat enhancement actions.

(12) Includes a template conservation easement, or other instrument providing for perpetual protection of land in a manner consistent with approved natural community conservation plans within the area of the applicable regional conservation investment strategy, for the sites of any conservation action and an explanation of how the long-term durability of the sites of any habitat enhancement actions will be ensured.

(13) Ensures that the implementation of the conservation actions or habitat enhancement actions will be adequately funded and that long-term protection and management of the sites will be funded in accordance with Chapter 4.6 (commencing with Section 65965) of Division 1 of Title 7 of the Government Code or, if a state agency proposed to enter into a mitigation credit agreement, another comparable funding mechanism approved by the department in accordance with an adopted statewide policy regarding funding for long-term management and operations of mitigation sites.

(14) Includes a template monitoring and long-term adaptive management plan.

(15) Explains the terms and conditions under which the proposed mitigation credits may be sold or otherwise transferred and how the proposed mitigation credits will be accounted for, including the specific methods proposed for reporting and maintaining a record of credit creation, release, and use, sale, or transfer.

(16) Includes enforcement provisions.

(17) Ensures that, for each site on which the conservation actions or habitat enhancement actions will be implemented, information consistent with, pursuant to this chapter, the information required for a mitigation bank in paragraph (2) of subdivision (b) of Section 1798 and subparagraphs (B) to (H), inclusive, of paragraph (2) of subdivision (a) of Section 1798.5 shall be prepared and submitted to the department for review for adequacy and approval prior to implementation.

(18) Includes a proposed credit ledger and credit release schedule that meets the requirements of subdivision (h).

(h) (1) The release of mitigation credits for use, sale, or transfer under a mitigation credit agreement shall require the department’s approval in accordance with this subdivision. Once the department has approved the release of a mitigation credit, it may be used, sold, or transferred in accordance with the mitigation credit agreement regardless of the duration or expiration of the regional conservation investment strategy or strategies on which the mitigation credit agreement relied.

(2) The release of mitigation credits shall be tied to performance-based milestones and achievement of ecological performance standards. The credit release schedule for each mitigation credit agreement shall reserve a substantial share of the total credits for release after those ecological performance standards are fully achieved. Performance-based milestones shall include, but are not limited to, the following:

(A) Permanently protecting the site of a conservation action, or putting into place measures that ensure the long-term durability of a habitat enhancement action in accordance with subdivision (e).

(B) Completing construction of any proposed habitat restoration actions.

(C) Achieving temporal ecological performance standards for any proposed habitat restoration actions, such as standards established for one year, three years, or five years following the initiation of habitat restoration.

(D) Fully achieving ecological performance standards.

(3) The terms of the credit release schedule shall be specified in the mitigation credit agreement. When conservation actions and habitat enhancement actions are implemented and meet the performance-based milestones specified in the credit release schedule, credits shall be created in accordance with the credit release schedule. If a conservation action or habitat enhancement action does not meet performance-based milestones, the department may suspend the release of credits, reduce the number of credits, or otherwise modify the credit release schedule accordingly.

(4) In order for mitigation credits to be released, the person or entity that has entered into a mitigation credit agreement shall demonstrate to the department that the appropriate performance-based milestones for credit release have been met. The department shall determine whether the milestones have been met and the credits may be released.

(i) (1) Mitigation credit agreements may be used to establish the terms and conditions under which mitigation credits can be created by projects that improve wildlife habitat, or that address stressors to wildlife, to an extent that quantifiably exceeds compensatory mitigation requirements established by the department for those projects pursuant to Chapter 6 (commencing with Section 1600) or Chapter 1.5 (commencing with Section 2050) of Division 3. Those projects may include, but are not limited to, the construction of setback levees that result in the creation of more floodplain or riparian habitat than is required to compensate for construction impacts or the construction of transportation facility improvements that remove barriers to fish or wildlife movement and thereby improve the quality of habitat or address stressors to wildlife to a greater extent than is required to compensate for construction impacts. For those projects, the project proponent may submit a draft mitigation credit agreement that proposes the terms and conditions under which mitigation credits may be created and used by or in conjunction with those projects to the department for its review, revision, and approval. The submission may occur concurrently with, or after, an application submitted pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 or a notice submitted pursuant to Chapter 6 (commencing with Section 1600) or may occur after the application or notice is submitted. Where a draft mitigation agreement is submitted concurrently with the application or notice, the department shall review the draft mitigation credit agreement concurrently with its review of the application or notice and shall, to the maximum extent practicable, complete its review of both the notice or application and the draft agreement concurrently.

(2) Mitigation credit agreements submitted to the department pursuant to this subdivision may comply with the requirements of subdivision (h) with a credit release schedule related to construction of the project that will improve wildlife habitat, or will address stressors to wildlife, to an extent that exceeds compensatory mitigation requirements quantifiably. For those projects, construction of the project may be a performance-based milestone required by paragraph (2) of subdivision (h).

(j) Nothing in this chapter is intended to limit or impose additional conditions on the creation or sale of mitigation credits by a conservation bank or mitigation bank approved by the department pursuant to Chapter 7.9 (commencing with Section 1797).

(k) The creation of mitigation credits pursuant to this section from a conservation action or habitat enhancement action implemented within the plan area of an approved natural community conservation plan shall require the advance written approval of the plan’s implementing entity. This advance written approval may be provided in a letter from the implementing entity to the person or entity seeking a mitigation credit agreement with the department, or in any other form approved by the department.

(l) The department shall make project mitigation credit and release information, including the demonstration submitted pursuant to paragraph (4) of subdivision (h), publicly available on the department’s internet website.

history: (History: Amended by Stats. 2022, Ch. 463, Sec. 5. (AB 2805) Effective January 1, 2023.)


citation: FGC § 1857

text:
(a) The Fish and Wildlife Regional Conservation Investment Strategy Program Fund is hereby established in the State Treasury.

(b) The department shall collect fees or other compensation from a person or entity that proposes to enter into a mitigation credit agreement, and from a public agency or federally recognized tribe that proposes a regional conservation investment strategy or a regional conservation assessment, to pay for all or a portion of the department’s costs relating to the mitigation credit agreement, proposed strategy, or proposed assessment. Fees received pursuant to this subdivision shall be deposited in the Fish and Wildlife Regional Conservation Investment Strategy Program Fund.

history: (History: Amended by Stats. 2022, Ch. 463, Sec. 6. (AB 2805) Effective January 1, 2023.)


citation: FGC § 1858

text:
(a) The department may adopt guidelines and criteria to aid in the implementation of this chapter. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development, adoption, or amendment of guidelines or criteria pursuant to this section. The department may post a draft of any proposed guidelines or guidelines amendment on its internet website for public review and comment. Adopted guidelines and criteria shall be posted on the department’s internet website.

(b) (1) The department shall provide an opportunity for review and comment on the draft guidelines or guidelines amendment for a reasonable period based on the complexity of the draft guidelines or guidelines amendment, but not less than 30 days. Review and comment shall not be required for annual updates to the fee schedule.

(2) The department shall give notice of the availability of the draft guidelines or guidelines amendment for review and comment to each of the following:

(A) A public agency or federally recognized tribe that has published notice of its intent to create a regional conservation investment strategy.

(B) A person or entity that has submitted a mitigation credit agreement.

(C) A public agency, organization, or individual who has filed a written request to the department for notices regarding draft guidelines.

history: (History: Amended by Stats. 2022, Ch. 463, Sec. 7. (AB 2805) Effective January 1, 2023.)


citation: FGC § 1860

text: Nothing in this chapter supersedes, limits, or otherwise modifies the Sacramento-San Joaquin Delta Reform Act of 2009 (Division 35 (commencing with Section 85000) of the Water Code) or Division 22.3 (commencing with Section 32300) of the Public Resources Code.


citation: FGC § 1900

text:
The intent of the Legislature and the purpose of this chapter is to preserve, protect and enhance endangered or rare native plants of this state.

The Legislature finds that many species and subspecies of native plants are endangered because their habitats are threatened with destruction, drastic modification, or severe curtailment, or because of commercial exploitation or by other means, or because of disease or other factors.

history: (History: Added by Stats. 1977, Ch. 1181.)

chapter: 10. Native Plant Protection

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 10. Native Plant Protection


citation: FGC § 1901

text: The department shall establish criteria for determining if a species, subspecies, or variety of native plant is endangered or rare. As used in this chapter, “native plant” means a plant growing in a wild uncultivated state which is normally found native to the plantlife of this state. A species, subspecies, or variety is endangered when its prospects of survival and reproduction are in immediate jeopardy from one or more causes. A species, subspecies, or variety is rare when, although not presently threatened with extinction, it is in such small numbers throughout its range that it may become endangered if its present environment worsens.


citation: FGC § 1904

text: The commission may, after public hearing, designate endangered and rare native plants. To the extent that the location of such plants is known, the department shall notify the owners of such land of the fact that a rare or endangered native plant is growing thereon and provide such information about the protection of such plants as may be appropriate.


citation: FGC § 1905

text: The department may undertake botanical research and field investigations and may collect and diffuse such statistics and information as shall pertain to the conservation, protection, and perpetuation of native plants.


citation: FGC § 1906

text: Nothing in this code or any other law shall prohibit the department from taking, for scientific or propagation purposes, any species of native plants. The department may import, propagate, and distribute native plants.


citation: FGC § 1907

text:
(a) The commission may adopt regulations governing the taking, possession, propagation, transportation, exportation, importation, or sale of any endangered or rare native plants. Such regulations may include, but shall not be limited to, requirements for persons who perform any of the foregoing activities to maintain written records and to obtain permits which may be issued by the department.

(b) Persons engaged in the production, storage, sale, delivery, or transportation of nursery stock pursuant to the provisions of Part 3 (commencing with Section 6701) of Division 4 of the Food and Agricultural Code shall not be required to obtain a permit pursuant to this chapter unless such activities involve the collection of rare or endangered plants or parts or products thereof growing in a wild, uncultivated state.

(c) Persons who purchase nursery grown stock shall not be required to obtain a permit pursuant to this chapter.


citation: FGC § 1908

text: No person shall import into this state, or take, possess, or sell within this state, except as incident to the possession or sale of the real property on which the plant is growing, any native plant, or any part or product thereof, that the commission determines to be an endangered native plant or rare native plant, except as otherwise provided in this chapter.


citation: FGC § 1909

text:
(a) When any power or authority is given by any provision of this chapter to any person, it may be exercised by any deputy, inspector, or agent duly authorized by that person.

(b) Any person in whom the enforcement of any provision of this chapter is vested has the power of a peace officer as to the enforcement of that provision. This subdivision applies to any state or federal agencies, the State of Nevada, the State of Oregon, or the State of Arizona, with which cooperative agreements have been made by the department to enforce any provisions of this chapter.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 27. (AB 1760) Effective January 1, 2024.)


citation: FGC § 1910

text: A peace officer or an employee or agent of the department may, in the enforcement of this chapter, make arrests without warrant for a violation of this chapter he may witness, and may confiscate plants or parts thereof when unlawfully taken, transported, possessed, sold, or otherwise, in violation of this chapter. The provisions of this chapter are in addition to the provisions of Section 384a of the Penal Code.


citation: FGC § 1911

text: All state departments and agencies shall, in consultation with the department, utilize their authority in furtherance of the purposes of this chapter by carrying out programs for the conservation of endangered or rare native plants. Such programs include, but are not limited to, the identification, delineation and protection of habitat critical to the continued survival of endangered or rare native plants.


citation: FGC § 1912

text: The provisions of this chapter shall not be applicable to emergency work necessary to protect life or property; however, notification by the person or agency performing such emergency work shall be made to the department within 14 days of the commencement of such work.


citation: FGC § 1913

text:
(a) The provisions of this chapter are not intended and shall not be construed as authorizing any public agency to mandate, prescribe, or otherwise regulate agricultural operations or management practices, including the clearing of land for agricultural practices or fire control measures.

(b) Notwithstanding the provisions of Section 1911, timber operations in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4 of the Public Resources Code), or required mining assessment work pursuant to federal or state mining laws, or the removal of endangered or rare native plants from a canal, lateral ditch, building site, or road, or other right-of-way by the owner of the land or the owner’s agent, or the performance by a public agency or a publicly or privately owned public utility of its obligation to provide service to the public, shall not be restricted by this chapter because of the presence of rare or endangered plants, except as provided in subdivision (c) of this section.

(c) Notwithstanding the provisions of subdivisions (a) and (b) of this section, where the owner of land has been notified by the department pursuant to Section 1904 that a rare or endangered native plant is growing on that land, the owner shall notify the department at least 10 days in advance of changing the land use to allow for salvage of that plant. The failure by the department to salvage that plant within 10 days of notification shall entitle the owner of the land to proceed without regard to this chapter. Submission of a timber harvesting plan pursuant to the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4 of the Public Resources Code) shall constitute notice under this section. Converting from one type of agricultural use, as defined in Section 51201 of the Government Code, to another type of agricultural use shall not constitute a change in land use.

history: (History: Amended by Stats. 2023, Ch. 132, Sec. 28. (AB 1760) Effective January 1, 2024.)


citation: FGC § 1925

text: The department shall enforce the provisions of the California Desert Native Plants Act Division 23 (commencing with Section 80001) of the Food and Agricultural Code except that permits, tags, seals, and wood receipts shall be issued pursuant to Chapter 4 (commencing with Section 80101) of Division 23 of the Food and Agricultural Code, by the county agricultural commissioner or the sheriff. Nothing in the California Desert Native Plants Act, or any other law, prohibits the department from taking, for scientific or propagation purposes, any species of native plants. The department may import, propagate, and distribute native plants, and the California Desert Native Plants Act does not apply to those activities.

history: (History: Amended by Stats. 1985, Ch. 106, Sec. 34.)

chapter: 11. California Desert Native Plants

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 11. California Desert Native Plants


citation: FGC § 1926

text: In carrying out the provisions of this chapter, the department shall cooperate fully with the Department of Food and Agriculture.

history: (History: Repealed and added by Stats. 1979, Ch. 443.)


citation: FGC § 1927

text: This chapter shall be known, and may be cited as, the Western Joshua Tree Conservation Act.

history: (History: Added by Stats. 2023, Ch. 51, Sec. 5. (SB 122) Effective July 10, 2023. Conditionally operative pursuant to Section 1927.2.)

path: 2. DEPARTMENT OF FISH AND WILDLIFE > 11.5. Western Joshua Tree Conservation Act


text:
For purposes of this chapter, the following definitions apply:

(a) “Accessory structure” means a subordinate structure, the use of which is incidental to an existing or contemporaneously constructed single-family residence, including, an accessory dwelling unit, addition to an existing single-family residence, garage, carport, swimming pool, patio, greenhouse, storage shed, gazebo, septic tank, sewer connection, solar panels, fence, or gravel or paved driveway.

(b) “California Endangered Species Act” means the act established pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3.

(c) “Conserve” or “conservation” means to use, and the use of, methods and procedures that are necessary to bring species listed pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 to the point at which the measures provided pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 are no longer necessary, and for species that are not listed to maintain or enhance the condition of the species so that listing will not become necessary.

(d) “Dead western Joshua tree” means a western Joshua tree that meets at least one of the following criteria:

(1) Has not burned and has no green leaves, no new growth on the main stem, and no basal sprouts.

(2) Has partially or fully burned at least 18 months prior and otherwise satisfies paragraph (1).

(3) Has fallen and is completely detached from its roots or has fallen and its roots are no longer in contact with the soil.

(e) “Desert native plant specialist” means an arborist certified by the International Society of Arborists, or an individual with at least five years of professional experience with relocation or restoration of native California desert vegetation.

(f) “Fee” means the elective fee described in subdivisions (d) and (e) of Section 1927.3, which is to be deposited into the fund.

(g) “Fund” means the Western Joshua Tree Conservation Fund as described in Section 1927.5.

(h) “Multifamily residence” means an apartment building, rowhouse, town house, condominium, or manufactured building that consists of two or more attached dwelling units designed for occupancy by two or more families living independently of one another.

(i) “Public works project” means a project involving the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.

(j) “Relocated” or “relocation” means the removal of a living western Joshua tree and a sufficient portion of its root mass from the ground and transplanting it.

(k) “Single-family residence” means a single detached building that has been, or will be, constructed and used as living facilities, including provisions for sleeping, eating, cooking, and sanitation, as required by the California Building Standards Code, for not more than one household.

(l) “Western Joshua tree” means Yucca brevifolia, an evergreen, tree-like plant that has been treated as a member of the asparagus family (Asparagaceae).

chapter: 11.5. Western Joshua Tree Conservation Act


text:
(a) No person or public agency shall import into this state, export out of this state, or take, possess, purchase, or sell within this state, a western Joshua tree or any part or product of the tree, except as authorized pursuant to any of the following, as applicable:

(1) This chapter.

(2) The California Endangered Species Act.

(3) The Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3).

(b) During any period in which the western Joshua tree has been designated by the commission as a candidate for listing under the California Endangered Species Act, any person or public agency seeking a take authorization for the western Joshua tree may obtain a take authorization as provided by the California Endangered Species Act or by electing to pay the fees set forth in Section 1927.3.

(c) (1) This chapter is a change in state law, within the meaning of paragraph (1) of subdivision (c) of Section 2075.5, that has a direct and significant impact on the commission’s determination as to whether the petitioned action is warranted. Pursuant to subdivision (c) of Section 2075.5, the commission shall reopen the administrative record for the commission’s determination for the purpose of assessing the impact of the conservation program established by this chapter.

(2) In making the assessment described in paragraph (1), the commission shall consider all of the following:

(A) The effectiveness of any conservation measures funded through expenditures of fees by the department pursuant to Section 1927.5.

(B) The conservation plan developed by the department and approved by the commission pursuant to Section 1927.6.

(C) Any annual reports submitted to the commission by the department pursuant to Section 1927.7.

(D) Any recommendations submitted to the commission by the department pursuant to subdivision (a) of Section 1927.8.

(E) The fee adjustments, if any, adopted by the department pursuant to subdivision (b) of Section 1927.8.

(F) An updated status review to be submitted to the commission by the department no later than January 1, 2033, unless the commission directs the department to submit the updated status review sooner.

(d) If the commission determines that listing the western Joshua tree as endangered or threatened pursuant to the California Endangered Species Act is not warranted, this chapter shall remain operative and the authorization of take of a western Joshua tree shall be pursuant to this chapter.

(e) If the commission determines that listing the western Joshua tree as endangered or threatened pursuant to the California Endangered Species Act is warranted, this chapter shall become inoperative and the authorization of take of a western Joshua tree shall only be pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 or pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3).

(f) Upon the approval of a natural community conservation plan that provides for the conservation of the western Joshua tree as a covered species, the authorization of take of a western Joshua tree for any project or activity covered by the plan shall only be pursuant to Chapter 10 (commencing with Section 2800) of Division 3.

(g) The provisions of the Native Plant Protection Act (Chapter 10 (commencing with Section 1900)), and the California Desert Native Plants Act (Division 23 (commencing with Section 80001) of the Food and Agricultural Code), shall not apply to the western Joshua tree.

(h) This section shall not preclude the department from authorizing, by permit or memorandum of understanding, the taking, possession, purchase, or sale within the state of a western Joshua tree to aid the conservation and recovery of the western Joshua tree, or entering into memoranda of understanding with California Native American tribes to provide for the taking and possession of western Joshua trees for tribal cultural purposes, or as otherwise required by applicable law.

(i) Any authorization issued by the department pursuant to Section 2081 or 2084, before the enactment of this chapter, to import, export, take, possess, purchase, or sell a western Joshua tree shall be valid and remain in effect after the enactment of this chapter pursuant to the terms of the authorization.

history: (History: Added by Stats. 2023, Ch. 51, Sec. 5. (SB 122) Effective July 10, 2023.)


text:
(a) The department may authorize, by permit, the taking of a western Joshua tree if all of the following conditions are met:

(1) The permittee submits to the department for its approval a census of all western Joshua trees on the project site, including size information and photographs, that categorize the western Joshua trees according to the following size classes:

(A) Less than one meter in height.

(B) One meter or greater but less than five meters in height.

(C) Five meters or greater in height.

(2) The permittee avoids and minimizes impacts to, and the taking of, the western Joshua tree to the maximum extent practicable. Minimization may include trimming, encroachment on root systems, relocation, or other actions that result in detrimental but nonlethal impacts to a western Joshua tree.

(3) The permittee mitigates all impacts to, and taking of, the western Joshua tree. The measures required to meet this obligation shall be roughly proportional in extent to the impact of the authorized taking of the species. When various measures are available to meet this obligation, the measures required shall maintain the permittee’s objectives to the greatest extent possible. All required measures shall be capable of successful implementation. The permittee shall ensure adequate funding to implement the mitigation measures. In lieu of completing the mitigation obligation on its own, the permittee may elect to satisfy this mitigation obligation by paying fees, pursuant to the fee schedule in subdivision (d) or (e), for deposit into the fund.

(4) (A) The department may include permit conditions that require the permittee to relocate one or more of the western Joshua trees. If relocation is required, the permittee shall implement measures to assist the survival of relocated trees, and to comply with any other reasonable measures required by the department to facilitate the successful relocation and survival of the western Joshua trees. These relocation measures shall include, but are not limited to, all of the following:

(i) A requirement that the relocated western Joshua tree is placed in a location and with proper orientation to improve its survival.

(ii) A requirement that western Joshua trees are relocated at a time that maximizes their survival when feasible.

(iii) A requirement that a desert native plant specialist be onsite to oversee relocation.

(B) The department may limit relocation to certain size classes of trees.

(C) By July 1, 2024, the department shall adopt guidelines and relocation protocols, based on the best available science, to relocate western Joshua trees successfully. The department shall consult with desert native plant specialists as part of the development of these guidelines and relocation protocols. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the development, adoption, or amendment of guidelines and relocation protocols pursuant to this subparagraph.

(b) For purposes of this section, each western Joshua tree stem or trunk arising from the ground shall be considered an individual tree requiring mitigation, regardless of its proximity to any other western Joshua tree stem or trunk.

(c) The department may enter into an agreement with any county or city to delegate to the county or city the ability to authorize the taking of a western Joshua tree associated with developing single-family residences, multifamily residences, accessory structures, and public works projects concurrent with its approval of the project, if all of the following conditions are met:

(1) The county or city adopts an ordinance that requires as a condition of any approval or permit issued under the authority of an agreement entered into pursuant to this subdivision satisfaction of the requirements of this chapter.

(2) Except as provided otherwise in this subdivision, the county or city ensures that the permittee satisfies all of the requirements of subdivision (a) of this section.

(3) The project will take no more than 10 individual western Joshua trees on the project site where the project proponent proposes to construct a single-family residence, multifamily residence, or accessory structure, or no more than 40 individual western Joshua trees on the project site on which a public agency proposes to undertake a public works project. Before authorizing the take of more than 20, but no more than 40, individual western Joshua trees for a public works project, the county or city shall obtain the department’s written concurrence that the project has avoided and minimized the take of western Joshua trees to the maximum extent practicable.

(4) The county or city shall collect any fees for permits issued and remit them quarterly to the fund as directed by the department.

(5) The county or city entering into an agreement pursuant to this subdivision may impose a reasonable fee to cover the administrative costs of issuing the permit.

(6) (A) The department retains express authority to suspend or revoke the county or city’s take authorization in the event the department determines the county or city has violated the terms of the agreement, or this chapter, the county or city fails to implement or enforce the terms of the agreement or this chapter, or the department determines that the local population of western Joshua trees within, or in the vicinity of, that county or city needs further protection. The county or city shall conduct an annual assessment of the status of the local population within the county or city and submit the assessment to the department. The department shall determine if the population needs further protection to provide for the conservation of the species.

(B) The department shall adopt standardized survey and assessment methods for the annual assessment required pursuant to subparagraph (A), including requiring that a desert native plant specialist conduct the assessment. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the development, adoption, or amendment of standardized survey and assessment methods pursuant to this subparagraph.

(7) The county or city shall be required to submit to the department quarterly reports documenting the number of permits issued, photographs and other evidence demonstrating that take and other impacts were avoided and minimized to the maximum extent practicable, the number and size class of western Joshua trees authorized to be taken, the number of western Joshua trees encroached upon, the number of western Joshua trees lethally removed, the number and location of western Joshua trees relocated, the amount of fees collected, and other information required by the department in the agreement.

(d) Any person or public agency receiving a take authorization pursuant to this chapter for a project that meets the criteria set forth in paragraph (1) may elect, in lieu of satisfying the mitigation obligation provided for in paragraph (3) of subdivision (a), to pay fees in the amounts provided in paragraph (2) for deposit into the fund.

(1) (A) Any project in the area bounded by the intersection of Highway 99 and Highway 58, then east along Highway 58 to the intersection of Interstate 15, then north along Interstate 15 to the intersection of Highway 247, then south along Highway 247 to the intersection of Highway 18, then west along Highway 18 to the intersection of Highway 138, then west and north along Highway 138 to the intersection of Interstate 5, then north along Interstate 5 to the intersection of Highway 99, then north along Highway 99 to Highway 58.

(B) Any project receiving a permit issued by a county or city pursuant to an agreement with the department pursuant to subdivision (c), regardless of location.

(2) (A) One thousand dollars ($1,000) for each western Joshua tree five meters or greater in height.

(B) Two hundred dollars ($200) for each western Joshua tree one meter or greater but less than five meters in height.

(C) One hundred fifty dollars ($150) for each western Joshua tree less than one meter in height.

(e) Any person or public agency receiving a take authorization pursuant to this chapter for a project that meets the criteria set forth in paragraph (1) may elect, in lieu of satisfying the mitigation obligation provided for in paragraph (3) of subdivision (a), to pay fees in the amounts provided in paragraph (2) for deposit into the fund.

(1) (A) Notwithstanding paragraph (1) of subdivision (d), any project within two miles of Joshua Tree National Park, or any unit of the state park system.

(B) Any project that does not meet the criteria set forth in paragraph (1) of subdivision (d).

(2) (A) Two thousand five hundred dollars ($2,500) for each western Joshua tree five meters or greater in height.

(B) Five hundred dollars ($500) for each western Joshua tree one meter or greater but less than five meters in height.

(C) Three hundred forty dollars ($340) for each western Joshua tree less than one meter in height.

(f) Upon request, the department may authorize a reduction in the amount of the fees prescribed by subdivisions (d) and (e) for any western Joshua tree conserved by a project proponent through the acquisition of compensatory habitat mitigation land otherwise required by law for the project.

(g) (1) The permittee shall bear responsibility for implementing measures to assist the survival of western Joshua trees relocated pursuant to paragraph (4) of subdivision (a).

(2) Unless specifically required by written agreement, a landowner that agrees in writing to allow western Joshua trees to be relocated onto land it owns shall not be liable for the continued survival of the western Joshua trees, shall not be required to manage or maintain the translocated western Joshua trees, and shall not be required to change existing land use practices, provided that the land use practices do not result in the taking, possession, sale, or further translocation of the western Joshua trees.


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(a) The department may issue a permit to authorize either the removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees.

(1) Upon receipt of a permit and payment of any applicable administrative fees, a property owner or its agent may remove a detached dead western Joshua tree or the detached limb of a western Joshua tree. All other removals and all trimming of western Joshua trees authorized by permits issued pursuant to this subdivision shall be completed by a desert native plant specialist.

(2) The department may issue permits pursuant to this section, without payment of fees or other mitigation, provided that the dead western Joshua trees or any limbs to be removed meet one of the following:

(A) Have fallen over and are within 30 feet of a structure.

(B) Are leaning against an existing structure.

(C) Create an imminent threat to public health or safety.

(3) A property owner seeking a permit pursuant to this subdivision shall submit a permit request to the department on a form to be provided by the department that requires the following information:

(A) The name, telephone number, mailing address, and email address of the property owner seeking the permit.

(B) The street address of the property on which the western Joshua trees to be removed or trimmed are located. If no street address is available, the property owner shall include the assessor’s parcel number.

(C) Photographs of the western Joshua trees that visually depict the dead trees or the trees to be trimmed and that demonstrate that the western Joshua tree meets one or more of the requirements of paragraph (2).

(D) A signed attestation from the property owner or signed certification by a desert native plant specialist that the tree meets the definition of a dead western Joshua tree.

(4) (A) Within 30 days of receipt of a request for a permit pursuant to subparagraph (A) or (B) of paragraph (2), the department shall either issue a permit allowing for the removal or trimming, or deny the request if the request does not demonstrate a permit can be issued pursuant to this section.

(B) Within 10 days of receipt of a request for a permit pursuant to subparagraph (C) of paragraph (2), the department shall either issue a permit allowing for the removal or trimming, or deny the request if the request does not demonstrate a permit can be issued pursuant to this section.

(C) If the department issues a permit, it shall provide the property owner 60 days in which to complete the removal or trimming. The department may extend this 60-day period in writing at its discretion.

(D) If the department denies the permit request, the property owner may resubmit the request with additional information and photographs. Resubmissions pursuant to this subdivision shall be processed as new permit requests.

(5) Within 30 days of completing the removal or trimming of one or more western Joshua trees in accordance with a permit issued pursuant to this section, the property owner shall submit, by mail or email, photographs of the site at which the western Joshua trees were removed or trimmed pursuant to the permit.

(b) The department may enter into an agreement with any county or city to delegate to the county or city the ability to authorize the removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees, provided that the county or city ensures that all permits issued satisfy the requirements of subdivision (a). The county or city shall be required to submit to the department quarterly reports documenting the number of permits issued, the number and size class of western Joshua trees authorized to be removed or trimmed, and any other information specified in the agreement with the department. A county or city entering into an agreement pursuant to this subdivision may impose a reasonable fee to cover the administrative costs of issuing the permit.

(c) (1) The department retains express authority to suspend or revoke an agreement with any county or city to delegate to the county or city the ability to authorize the removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees in the event the department determines the county or city has violated the terms of the agreement or this chapter, the county or city fails to implement or enforce the terms of the agreement or this chapter, or the local population of western Joshua trees within, or in the vicinity of, that county or city needs further protection. A county or city that has entered into an agreement with the department shall conduct an annual assessment of the status of the local population of western Joshua trees within the county or city and submit the assessment to the department. The department shall determine if the population needs further protection to provide for the conservation of the species.

(2) The department shall adopt standardized survey and assessment methods for the annual assessment required pursuant to paragraph (1), including requiring that a desert native plant specialist conduct the assessment. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the development, adoption, or amendment of standardized survey and assessment methods pursuant to this paragraph.


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(a) The Western Joshua Tree Mitigation Fund, created by the commission pursuant to Section 749.10 of Title 14 of the California Code of Regulations, is hereby continued in existence by this chapter, and is renamed the Western Joshua Tree Conservation Fund. Notwithstanding Section 13340 of the Government Code, any moneys in the fund are continuously appropriated to the department solely for the purposes of acquiring, conserving, and managing western Joshua tree conservation lands and completing other activities to conserve the western Joshua tree.

(b) All fees remitted to the department pursuant to this chapter shall be deposited into the fund.

(c) The fund may also receive other funding to support the conservation of the western Joshua tree.