BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1303|
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THIRD READING
Bill No: SB 1303
Author: Wolk (D)
Amended: As introduced
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 9-0, 4/13/10
AYES: Pavley, Cogdill, Hollingsworth, Huff, Kehoe,
Lowenthal, Padilla, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Protected species: accidental take:
agricultural activities
SOURCE : Author
DIGEST : This bill extends the sunset date to the
accidental take provisions of the state endangered species
act, from January 1, 2011, to January 1, 2012.
ANALYSIS : In 1997, the Legislature passed and the
Governor signed SB 231 (Costa), a bill that established a
new provision in the California Endangered Species Act
removing the prohibition against the take of listed species
caused by the accidental take of species on farms and
ranches that occurs in the course of "routine and ongoing"
agricultural activities. The bill had a five year sunset
provision. This provision is now codified at Section 2087
of the code.
CONTINUED
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Separately, in section 2086 of the Fish and Game Code, SB
231 also established a new voluntary habitat management
program for farmers and ranchers that depends in large part
on the development of best management practices that are
developed locally and approved by the department. That
section, among other things, requires farmers and ranchers
to avoid and minimize take of listed species, to develop
programs based on the best available scientific
information, and contains other criteria as well. The
voluntary habitat management program has a separate
provision for the incidental take of protected species
occurring from routine and ongoing agricultural activities.
However, it is only the free-standing accidental take
provision (the one not tied to the voluntary habitat
management program) that is codified in section 2087, that
has a sunset provision, and would be affected by this bill.
SB 231 required DFG to develop regulations to implement its
provisions. Those regulations defined "routine and ongoing
agricultural activities" as a long list of enumerated
agricultural activities as well as those activities that
are performed "incidental to or in conjunction with" those
farming operations, including the preparation for market,
delivery to storage or to market, delivery to carriers for
transportation, and all activities compatible with the
Williamson Act.
Excluded from the definition are conversions of
agricultural lands to nonagricultural use, timber
harvesting activities, or activities that intentionally
reduce habitat to facilitate conversion to non-agricultural
uses. Also, the conversion of rangeland to more intensive
agricultural uses such as permanent crops is not considered
a routing and ongoing agricultural
This bill extends the accidental take provisions of the
state endangered species act, from January 1, 2011, to
January 1, 2012.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/5/10)
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Agricultural Council of California
Alliance of Western Milk Producers
Association of California Water Agencies
California Cattlemen's Association
California Chamber of Commerce
California Citrus Mutual
California Cotton Ginners Association
California Farm Bureau Federation
California Grape and Tree Fruit League
California Outdoor Heritage Alliance
California State Association of Counties
California Tomato Growers Association
Kings River Conservation District
Kings River Water Association
Nisei Farmers League
Regional Council of Rural Counties
Resources Landowner's Coalition
Solano County Water Agency
Western Agricultural Processors Association
Western Growers
ARGUMENTS IN SUPPORT : According to a coalition that
includes several agricultural organizations, the California
Chamber of Commerce, and the California State Association
of Counties, this bill will permit farmers and ranchers to
produce food and fiber "without fear of penalties under the
California Endangered Species Act if they accidentally take
a species listed as candidate, threatened, or endangered."
The coalition views the bill as providing an option for
landowners not to use "scorched earth" farming practices
and instead allows for habitat to develop as a part of
agricultural practices. The coalition contends that CESA
discourages farmers from creating habitat, since such
habitat could potentially attract listed species, and thus
triggering application of the state's endangered species
regulations.
DLW:CTW:nl 5/5/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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