This bill amends the Endangered Species Conservation Act to improve the consultation process for permits and approvals related to endangered or threatened species. Key changes include the requirement for applicants to submit a consultation request to the executive director of the fish and game department, which must include proposed conservation measures and relevant application materials. The executive director is obligated to confirm receipt of the request within 10 days and provide a determination within 60 days. If the executive director does not act within this timeframe, the permit request will be considered compliant if the applicant adheres to the proposed conservation measures. The bill also introduces new legal language that establishes a Threatened and Endangered Species Compensatory Mitigation Fund, which will receive payments for unavoidable losses of critical habitat without needing prior approval from higher authorities, while deleting outdated references to state departments' responsibilities.

The bill aims to streamline the consultation process, potentially reducing the overall review timeframe for permit applications. However, the Fish and Game Department has raised concerns that this expedited process may hinder its ability to gather necessary information for informed decision-making, possibly leading to increased staffing needs or requiring applicants to resubmit consultations if the process is terminated due to insufficient information. The newly established mitigation fund is intended to support conservation projects, such as habitat restoration, and is expected to have a fiscal impact ranging from $500,000 to $1,000,000 annually. Overall, the bill seeks to enhance the efficiency of the consultation process while ensuring adequate funding for conservation efforts.

Statutes affected:
Introduced: 212-A:9, 212-A:16