(1) The Western Joshua Tree Conservation Act prohibits any person or public agency from importing into the state, exporting out of the state, or taking, possessing, purchasing, or selling within the state, a western Joshua tree or any part or product of the tree, except as specified. The act authorizes the Department of Fish and Wildlife to permit the taking of a western Joshua tree if specified conditions are met, including, but not limited to, that the permittee mitigates all impacts to, and taking of, the western Joshua tree through measures that are roughly proportional in extent to the impact of the authorized taking of the western Joshua tree. The act authorizes, in lieu of completing the mitigation measures, a permittee to elect to satisfy the mitigation obligation by paying fees pursuant to a specified fee schedule, as provided.
This bill would exempt from the act the relocation of a western Joshua tree that is relocated within the same parcel or relocated to a contiguous parcel that is owned by the same owner of the parcel where the western Joshua tree is being relocated from.
(2) Existing law defines "take" to mean hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.
This bill would specify for the purposes of the act that "take" does not include unintentionally or accidentally causing the death of a western Joshua tree.

Statutes affected:
SB 1061: 1927 FGC
02/12/26 - Introduced: 1927 FGC
03/24/26 - Amended Senate: 1927.1 FGC, 1927.1 FGC, 1927 FGC
SB1061: 1927.1 FGC, 1927.1 FGC, 1927 FGC