The bill amends the Endangered Species Conservation Act to improve the consultation process for permits and approvals concerning endangered or threatened species. It mandates that applicants 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 required to acknowledge 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. This bill introduces new legal language regarding the consultation timeline and compliance requirements while removing previous provisions that may have allowed for longer review periods.

Additionally, the bill establishes the Threatened and Endangered Species Compensatory Mitigation Fund, which will be non-lapsing and continually appropriated for conservation projects. The executive director is authorized to accept payments for unavoidable habitat loss without further approvals and must consult with the commissioner of the department of environmental services regarding fund disbursements. New rules will be created to clarify when mitigation payments are necessary and how they will be calculated. While the bill does not allocate funding or authorize new positions, it is projected to generate an indeterminable increase in revenue and expenditures, potentially between $500,000 and $1,000,000 annually, which may require additional staffing to manage the consultation process and the new fund.

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