The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. The act allows take by permit if, among other things, the impact of the authorized take is fully minimized and mitigated.
This bill would authorize the take, by permit, of declining or vulnerable species. The bill would also provide that an activity that results in a change in baseline conditions and specified renewable energy or decarbonization infrastructure projects are deemed fully mitigated.
The California State Safe Harbor Agreement Program Act establishes a program to encourage landowners to manage their lands voluntarily, by means of state safe harbor agreements approved by the Department of Fish and Wildlife, to benefit endangered, threatened, or candidate species, or declining or vulnerable species. Under the act these agreements cannot reduce the existing populations of species present at the time of the baseline. The act defines "baseline conditions," among other terms, and provides that for the purposes of establishing baseline conditions a qualified person that is not employed by the department may conduct habitat surveys, if that person has appropriate species expertise and has been approved by the department.
This bill would provide that approval by the department of the qualified person can occur before or after the habitat survey is conducted by that person. The bill would also define "change in baseline conditions."
Under the act, the department may authorize acts that are or may become prohibited by specified law through an agreement if specified conditions are met, including, among others, that the take is incidental to an otherwise lawful activity.
This bill would provide that lawful activity includes, but is not limited to, a change in baseline conditions.

Statutes affected:
04/07/25 - Amended Assembly: 2081 FGC, 2081 FGC, 2089.2 FGC, 2089.2 FGC, 2089.4 FGC, 2089.4 FGC, 2089.6 FGC, 2089.6 FGC