BILL ANALYSIS
SB 1303
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Date of Hearing: June 30, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1303 (Wolk) - As Amended: June 2, 2010
Policy Committee: Water, Parks and
Wildlife Vote: 11-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill extends the sunset of the "accidental take" exemption
from the California Endangered Species Act (CESA) prohibition on
taking of threatened or endangered species. Specifically, this
bill:
1)Extends the sunset, to January 1, 2014, from January 1, 2011,
of the exemption from CESA for accidental take of threatened
or endangered species that occurs in the course of otherwise
legal agricultural activity.
2)Authorizes the Department of Fish and Game (DFG) to approve
applications from nonprofit organizations to conduct education
and outreach promoting voluntary agricultural programs that
encourage wildlife habitat.
3)Requires a participating nonprofit organization to file an
annual report with DFG.
FISCAL EFFECT
1)Potential minor savings from 2011-12 to 2013-14 to DFG from
not having to enforce CESA prohibitions against farmers and
ranchers who accidentally kill threatened or endangered
species when conducting routine and ongoing agricultural
activities. (GF or Fish and Game Preservation Fund.)
2)Minor, absorbable costs to DFG to review and approve
applications from nonprofit organizations seeking to provide
education and outreach, to review educational materials
provided by these organizations, and to receive annual reports
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from them.
COMMENTS
1)Rationale . The author intends to allow farmers and ranchers
to continue to provide wildlife habitat without fear of CESA
violation. The author contends the extension of the CESA
exemption is needed to encourage farmers and ranchers to
undertake wildlife-friendly agricultural practices, which
provide habitat that may attract threatened or endangered
animals. The author reports that, absent the exemption,
farmers and ranchers fear they will violate CESA-meaning they
will kill threatened or endangered wildlife-in the normal
course of agricultural activities. These fearful farmers and
ranchers undertake agricultural practices that intentionally
make their land inhospitable to wildlife, an outcome the
author describes as counter to the overall goal of CESA. In
addition, the author seeks to educate farmers and ranchers
through outreach by nonprofit organizations on the state's
voluntary programs that encourage wildlife-friendly farming
practices.
2)Background . The California Endangered Species Act generally
prohibits the "taking"-meaning the catching or killing-of
wildlife species listed by the state as threatened or
endangered. Existing law, however, makes certain exceptions
to the CESA prohibition on taking threatened or endangered
species. For example, the law allows the "accidental" take of
threatened or endangered species that occurs in the course of
normal, routine agricultural activity. This CESA exemption
for accidental take will sunset on January 1, 2011, a date
this bill seeks to extend to January 1, 2014. In addition, a
separate section of law allows the "incidental" take of
threatened or endangered species that occurs as part of
otherwise legal activity, such as routine agricultural
activity, on land that is part of the state's voluntary
habitat management program. The bill does not address the
incidental take exemption for land in the voluntary habitat
management program and there is no sunset date for this
exemption.
There are conflicting views of the desirability of the
accidental-take CESA exemption. Some farmers and ranchers
contend the exemption allows them to undertake normal
agricultural activities, without fear of CESA violation, that
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may occur despite their best efforts to avoid harm to
wildlife. Others contend the exemption discourages farmers
and ranchers from participating in the state's voluntary
habitat management program, which fosters wildlife habitat on
agricultural land and provides incidental take CESA protection
to farmers and ranchers. The bill represents a compromise:
it extends the accidental take exemption for three years while
providing for outreach and education to farmers and ranchers
on the state's voluntary habitat management program, from
which they may benefit.
3)Related Legislation .
a) Chapter 87, Statutes of 1997 (SB 231, Costa) created the
CESA exemption for accidental take of threatened or
endangered species on farms and ranches that occurs in the
course of routine and ongoing agricultural activities, to
sunset in five years from enactment.
b) Chapter 32, Statutes of 2002, (SB 550, Costa) extended
the accidental-take CESA exemption sunset to January 1,
2009.
c) Chapter 82, Statutes of 2008 (SB 1436, Ducheny) ,
extended the accidental-take CESA exemption sunset to
January 1, 2011.
d) Chapter 184, Statutes of 2009 (SB 448, Pavley)
authorizes DFG to enter into a voluntary "safe harbor
agreement" with a landowner for the protection of species
that are listed as threatened or endangered under CESA.
Such agreements allow taking incidental to an otherwise
lawful activity, including agricultural activity.
4)Support. This bill is supported by numerous agricultural and
industry organizations.
5)There is no registered opposition to this bill.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081