BILL NUMBER: SB 1538 CHAPTERED 09/27/08 CHAPTER 411 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2008 APPROVED BY GOVERNOR SEPTEMBER 27, 2008 PASSED THE SENATE AUGUST 19, 2008 PASSED THE ASSEMBLY AUGUST 13, 2008 AMENDED IN ASSEMBLY AUGUST 8, 2008 AMENDED IN ASSEMBLY JUNE 30, 2008 AMENDED IN ASSEMBLY JUNE 18, 2008 AMENDED IN SENATE MAY 27, 2008 INTRODUCED BY Senator Steinberg FEBRUARY 22, 2008 An act to amend Sections 2109, 2110, 2111, 2115.5, and 13014 of, to add Section 2115.1 to, and to repeal Section 2105 of, the Fish and Game Code, relating to species recovery. LEGISLATIVE COUNSEL'S DIGEST SB 1538, Steinberg. Recovery strategy pilot programs. (1) Existing law requires the Department of Fish and Game to develop and implement recovery strategy pilot programs for the Greater Sandhill crane and coho salmon. Existing law repeals the authority for the pilot programs on January 1, 2009, but requires any recovery strategy that has been approved or implemented prior to that date to remain in effect. The bill, except with respect to the authority for the Greater Sandhill crane program, would extend the repeal date for those provisions to January 1, 2014. (2) Under existing law, a recovery strategy for a species is intended to protect and preserve an endangered, threatened, or candidate species for the purposes of future growth of that species. Existing law requires that a recovery strategy for a species include an explanation of scientific knowledge regarding the species, an explanation of interim and long-term goals and alternative goals, an estimate of time and costs required to meet interim recovery goals, a description of actions and recommendations needed to minimize adverse social and economic impacts of the recovery strategy, a description of elements necessary to achieve the goals of the recovery strategy, the expected time necessary to meet interim recovery goals, and an implementation schedule. This bill would revise the information that is required of a recovery strategy to include an explanation of interim long-term goals and objectives for the conservation of the species, an explanation of any recommended activities, objective measurable criteria to determine whether the goals and objectives of the recovery strategy are being met, and a description of actions and recommendations to implement the recovery strategy. The department would be required to include in the recovery strategy certain general policies if the department determines that those policies are consistent with the recommended recovery strategy. (3) Existing law requires the Fish and Game Commission to approve the recovery strategy if it determines that the recovery strategy meets certain criteria, including that the recovery strategy and implementation schedule are capable of being carried out in a scientifically, technologically, and economically reasonable manner, and that the recovery strategy represents an equitable apportionment of public and private and regulatory and nonregulatory obligations. This bill would delete those components from the criteria that the commission is required to consider in connection with its review of the recovery strategy and add the requirement that the recovery strategy contain specified information. The bill would provide that it does not affect a specified recovery strategy for coho salmon or certain regulations adopted by the State Board of Forestry and Fire Protection, or change existing requirements for the issuance of incidental take permits pursuant to specified law. (4) Existing law establishes in the Special Deposit Fund, the Fish and Game Mitigation and Protection Endowment Principal Account and the Fish and Game Mitigation and Protection Expendable Funds Account. The department may deposit moneys in these accounts for purposes that include mitigating adverse biological impacts of a specific project, activity, spill, or release, and protecting, conserving, restoring, enhancing, managing, and maintaining fish, wildlife, native plants, or their habitats. This bill would require the Treasurer, at the department's request, to transfer those funds from the Pooled Money Investment Account to another account within the State Treasury system to increase earnings over time while providing adequate liquidity. The bill would authorize the department to retain investment advisers to develop and maintain the investment strategy for these accounts. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2105 of the Fish and Game Code is repealed. SEC. 2. Section 2109 of the Fish and Game Code is amended to read: 2109. A recovery strategy for a species shall contain all of the following information: (a) An explanation of scientific knowledge and assumptions regarding the biology, habitat requirements, and threats to the existence of the species. (b) An explanation of interim and long-term goals and objectives for the conservation of the species. The recovery goals and objectives shall be specifically stated. (c) A range of alternative interim and long-term conservation and management goals and activities. An explanation of any recommended activities shall be included in the recovery strategy. (d) An estimate of the time and costs required to meet the interim recovery goals for the species, including available or anticipated funding sources, and an initial projection of the time and costs associated with meeting final recovery goals. These costs shall include direct and indirect costs and public and private costs. (e) Objective measurable criteria to determine whether the goals and objectives of the recovery strategy are being met and that contain procedures for the recognition of successful recovery, that may include commercial use where appropriate, and downlisting or delisting, if applicable. (f) A description of actions and recommendations to implement the recovery strategy. The implementation plan shall include, if appropriate, recommendations to reduce adverse social and economic impacts of implementation of the recovery strategy. These recommendations shall be consistent with the recovery goals and objectives. (g) A description of the following elements necessary to achieve the goals of the recovery strategy: (1) The availability and use of public lands for the conservation, protection, restoration, and enhancement of the species. (2) Methods of private and public cooperation. (3) Procedures and programs for notice, education, research, monitoring, and strategy modification. (h) The expected time necessary to meet the interim recovery goals and provisions and triggers for review and amendment of the strategy. (i) An implementation schedule. SEC. 3. Section 2110 of the Fish and Game Code is amended to read: 2110. The department shall include general policies to guide the department's issuance of a permit pursuant to Section 2080.1 or 2081 if the department determines, based on the best available scientific information, that the general policies are consistent with the recommended recovery strategy. SEC. 4. Section 2111 of the Fish and Game Code is amended to read: 2111. After the department submits the recovery strategy to the commission, the commission shall hold a public hearing to consider approval of the recovery strategy. The commission shall approve the recovery strategy if, considering all relevant evidence, the commission finds that the recovery strategy meets all of the following criteria: (a) The recovery strategy would conserve, protect, restore, and enhance the species. (b) The recovery strategy is supported by the best available scientific data. (c) The recovery strategy would recover a formerly commercially valuable species to a level of abundance that would permit commercial use of that species. (d) The recovery strategy contains all of the information required by Section 2109. SEC. 5. Section 2115.1 is added to the Fish and Game Code, to read: 2115.1. This article does not affect the recovery strategy for coho salmon prepared by the department in August 2003. This article does not affect regulations adopted pursuant to Section 2112 by the State Board of Forestry and Fire Protection, or preclude that board from amending those regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). This article does not change the existing requirements for the issuance of incidental take permits pursuant to Section 2081. SEC. 6. Section 2115.5 of the Fish and Game Code is amended to read: 2115.5. This article shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2014, deletes or extends that date. However, this section does not apply to a recovery strategy that is approved or implemented pursuant to this article on or before January 1, 2014, and those recovery strategies, and any permits or memoranda of understanding relating thereto, shall remain effective as if this article had not been repealed. SEC. 7. Section 13014 of the Fish and Game Code is amended to read: 13014. (a) There are hereby established, initially in the Special Deposit Fund, continued in existence by Section 16370 of the Government Code, both of the following accounts: (1) The Fish and Game Mitigation and Protection Endowment Principal Account. The department shall deposit in this account the endowment funds received by the department pursuant to an agreement described in subdivision (b) and all earnings generated thereon. The earnings shall be available to the department, upon appropriation by the Legislature, to fund long-term management, enhancement, monitoring, and enforcement activities on habitat lands in a manner consistent with the terms of the underlying agreement. (2) The Fish and Game Mitigation and Protection Expendable Funds Account. The department shall deposit in this account moneys received pursuant to an agreement described in subdivision (b) that are not endowment funds and that are designated for expenditure for the purposes described in paragraph (2) of that subdivision. Notwithstanding Section 13340 of the Government Code, the moneys in the account established by this paragraph are hereby continuously appropriated to the department for expenditure without regard to fiscal year, for the purposes described in this section. (b) (1) The department may deposit moneys into the accounts established pursuant to subdivision (a) that it receives pursuant to any of the following, if those moneys are received for the purposes described in paragraph (2): (A) Agreements or permits pursuant to the Natural Communities Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3). (B) Conservation bank agreements. (C) Habitat conservation implementation agreements. (D) Incidental take permits. (E) Legal or other written settlements. (F) Mitigation agreements. (G) Streambed or lakebed alteration agreements. (H) Trust agreements. (2) The department may deposit the moneys received pursuant to an agreement described in paragraph (1) in an account established by this section only if it receives those moneys for at least one of the following purposes: (A) Mitigating the adverse biological impacts of a specific project, activity, spill, or release. (B) Protecting, conserving, restoring, enhancing, managing, and maintaining fish, wildlife, native plants, or their habitats. (c) While the Fish and Game Mitigation and Protection Endowment Principal Account and the Fish and Game Mitigation and Protection Expendable Funds Account are initially established in the Special Deposit Fund within the Pooled Money Investment Account, the Treasurer's office shall, at the department's request, transfer these funds from the Pooled Money Investment Account to another account within the State Treasury system to increase earnings over time while providing adequate liquidity. If either or both of these accounts are transferred from the Pooled Money Investment Account, assets in the transferred account or accounts may be held and invested in any of the investments identified in Section 16430 of the Government Code, except that the maturity date of commercial paper may exceed the limits set forth in Section 16430 of the Government Code. These investments shall be made as determined and directed by the department. (d) To develop and maintain the investment strategy for these accounts, the department may retain investment advisers deemed acceptable to the Treasurer.