SB 749 Senate Bill - INTRODUCED

BILL NUMBER: SB 749	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wolk
   (Coauthor: Senator Berryhill)

                        FEBRUARY 22, 2013

   An act to amend Section 2087 of, to amend, repeal, and add
Sections 2074.2, 2074.6, 2074.8, and 2075.5 of, and to add Sections
1745.1 and 3517 to, the Fish and Game Code, relating to fish and
wildlife resources.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 749, as introduced, Wolk. Habitat protection: endangered
species.
   (1) Existing law authorizes the Department of Fish and Wildlife to
enter into contracts or other agreements with nonprofit conservation
groups, as specified, for the management and operation of
department-managed lands, defined to include public shooting grounds,
state marine recreational management areas, ecological reserves, and
wildlife management areas.
   This bill would authorize the department to lease
department-managed lands for agricultural activities, as specified.
The bill would require the moneys collected from those agricultural
leases to be used to support the maintenance and operations of
department-managed lands from where the moneys were originally
collected.
   (2) The California Endangered Species Act (CESA) requires the Fish
and Game Commission to establish a list of endangered species and a
list of threatened species, and requires the department to recommend,
and the commission to adopt, criteria for determining if a species
is endangered or threatened. Under CESA, an interested person may
petition the commission to add a species to, or remove a species
from, either the list of endangered species or the list of threatened
species, and existing law requires the commission to consider the
petition at a meeting, as prescribed.
   This bill, until January 1, 2017, would establish an alternate
process for the review of a petition, including public hearings.
   (3) CESA also provides, until January 1, 2014, that the accidental
take of candidate, threatened, or endangered species resulting from
acts that occur on a farm or a ranch in the course of otherwise
lawful routine and ongoing agricultural activities is not prohibited
by the act.
   This bill would extend this exception to January 1, 2024, and
would define "accidental" for these purposes.
   (4) Existing law defines resident game birds and upland game bird
species. Existing law permits the taking of certain nongame birds.
   This bill would require the policies and regulations of the
department and the Fish and Game Commission to encourage the
restoration and enhancement of upland nesting cover and associated
waterfowl brood habitat on both public and private lands to support
the production of resident waterfowl, upland game birds, and other
birds. The bill would prohibit or otherwise restrict, unless
expressly authorized by law, the establishment of these habitats for
the purpose of propagating waterfowl or other protected birds without
the concurrence of the department.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1745.1 is added to the Fish and Game Code, to
read:
   1745.1.  (a) For purposes of this section, "department-managed
lands" includes lands, or lands and water, acquired for public
shooting grounds, state marine (estuarine) recreational management
areas, ecological reserves, and wildlife management areas.
   (b) (1) Notwithstanding Section 1745, the leasing of
department-managed lands for agricultural activities, such as the
cultivation of wildlife-friendly crops and grazing to enhance the
value of habitat, shall be permitted where those activities are
compatible with the department's management plan for the area.
   (2) The moneys collected from agricultural leases entered into
pursuant to paragraph (1) shall be used to support the maintenance
and operations of department-managed lands from where the moneys were
originally collected.
  SEC. 2.  Section 2074.2 of the Fish and Game Code is amended to
read:
   2074.2.  (a) At  the meeting scheduled pursuant to Section
2074, the commission shall hold a public hearing on the petition and
shall receive information, written or otherwise, and oral testimony.
After the conclusion of oral testimony from the commission and
department staff, the petitioner, or any other persons, the
commission may close the public hearing and administrative record for
the commission's decision pursuant to this section.  
   (b) After the commission closes the public hearing, the
administrative record for the commission's decision is closed and it
shall not be reopened except as provided in subdivision (c). Once the
public hearing is closed, no person shall submit further information
to the commission for consideration on that petition and the
commission shall not accept any further information for consideration
on that petition except as provided in subdivision (c).  
   (c) The administrative record for the commission's decision
pursuant to this section shall not be reopened once the commission
closes the public hearing unless one of the following occurs prior to
the commission's decision:  
   (1) There is a change in state or federal law or regulation that
has a direct and significant impact on the commission's determination
as to whether the petition provides sufficient information to
indicate that the petitioned action may be warranted.  
   (2) The commission determines that it requires further information
to evaluate whether the petition provides sufficient information to
indicate that the petitioned action may be warranted. If the
commission makes that determination during its deliberation, the
commission may request, on the record at the scheduled meeting or at
a continued meeting, further information on any issue relevant to
making its determination as to whether the petition provides
sufficient information to indicate that the petitioned action may be
warranted. Any request by the commission pursuant to this paragraph
shall specify a date by which the information must be submitted to
the commission and shall serve to reopen the administrative record
for the limited purpose of receiving further information relating to
the issues specified by the commission in the request. Commission and
department staff, the petitioner, or any other person may submit
information in response to a request pursuant to this paragraph.
 
   (d) In its discretion, the commission may either close the public
hearing and continue the meeting on the petition for the purpose of
deliberation or continue both the public hearing and the meeting on
the petition to a subsequent date, which shall be no later than 90
days after the meeting scheduled pursuant to Section 2074, and
subject to applicable notice and agenda requirements. If the
commission closes the public hearing but continues the meeting for
the purpose of deliberation, a person shall not submit, and the
commission shall not receive, further information relating to the
petition except as provided in subdivision (c). 
    (e)     At  the  scheduled
meeting,   meeting scheduled pursuant to Section 2074 or
at a continued meeting scheduled pursuant to subdivision (d), 
the commission shall consider the petition, the department's written
report,  and   written  comments received,
and  the   oral testimony provided during the
public hearing, and the  commission shall make and enter in its
 public  record one of the following findings:
   (1) If the commission finds that the petition does not provide
sufficient information to indicate that the petitioned action may be
warranted, the commission shall publish a notice of finding that the
petition is rejected, including the reasons why the petition is not
sufficient.
   (2) If the commission finds that the petition provides sufficient
information to indicate that the petitioned action may be warranted,
the commission shall publish a notice of finding that the petition is
accepted for consideration. If the accepted petition recommends the
addition of a species to either the list of endangered species or the
list of threatened species, the commission shall include in the
notice that the petitioned species is a candidate species. The
commission shall maintain a list of species which are candidate
species. 
   (b) 
    (f)  The commission shall publish and distribute the
findings relating to the petition pursuant to Section 2078. 
   (g) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date. 
  SEC. 3.  Section 2074.2 is added to the Fish and Game Code, to
read:
   2074.2.  (a) At the scheduled meeting, the commission shall
consider the petition, the department's written report, and comments
received, and the commission shall make and enter in its public
record one of the following findings:
   (1) If the commission finds that the petition does not provide
sufficient information to indicate that the petitioned action may be
warranted, the commission shall publish a notice of finding that the
petition is rejected, including the reasons why the petition is not
sufficient.
   (2) If the commission finds that the petition provides sufficient
information to indicate that the petitioned action may be warranted,
the commission shall publish a notice of finding that the petition is
accepted for consideration. If the accepted petition recommends the
addition of a species to either the list of endangered species or the
list of threatened species, the commission shall include in the
notice that the petitioned species is a candidate species. The
commission shall maintain a list of species which are candidate
species.
   (b) The commission shall publish and distribute the findings
relating to the petition pursuant to Section 2078.
   (c) This section shall become operative on January 1, 2017.
  SEC. 4.  Section 2074.6 of the Fish and Game Code is amended to
read:
   2074.6.   (a)    The department shall promptly
commence a review of the status of the species concerned in the
petition. Within 12 months of the date of publication of a notice of
acceptance of a petition for consideration  by the commission
 pursuant to paragraph (2) of subdivision  (a)
  (e)  of Section 2074.2, the department shall
 provide a written report to the commission,  
produce and make publicly available on the department's Internet Web
site a written peer reviewed report,  based upon the best
scientific information available to the department, which indicates
whether the petitioned action is warranted, which includes a
preliminary identification of the habitat that may be essential to
the continued existence of the species, and which recommends
management activities and other recommendations for recovery of the
species.  The department shall amend the draft status review
report as appropriate to incorporate scientific information from the
independent peer review. The revised report shall be posted on the
department's Internet Web site for a minimum of 30 days for public
review prior to the hearing scheduled pursuant to Section 2075. The
commission may grant an extension of up to six months if the director
determines an extension is necessary to complete  
independent peer review of the report, and to provide a minimum of 30
days for public review of the peer reviewed report prior to the
public hearing specified in Section 2075.  
   (b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date. 
  SEC. 5.  Section 2074.6 is added to the Fish and Game Code, to
read:
   2074.6.  (a) The department shall promptly commence a review of
the status of the species concerned in the petition. Within 12 months
of the date of publication of a notice of acceptance of a petition
for consideration by the commission pursuant to paragraph (2) of
subdivision (a) of Section 2074.2, the department shall provide a
written report to the commission, based upon the best scientific
information available to the department, which indicates whether the
petitioned action is warranted, which includes a preliminary
identification of the habitat that may be essential to the continued
existence of the species, and which recommends management activities
and other recommendations for recovery of the species.
   (b) This section shall become operative on January 1, 2017.
  SEC. 6.  Section 2074.8 of the Fish and Game Code is amended to
read:
   2074.8.   Nothing in this   (a)  
  This  article  imposes   does
not impose  any duty or obligation for, or otherwise 
requires   require  , the commission or the
department to undertake independent studies or other assessments of
any species when reviewing a petition and its attendant documents and
comments.  However, the department shall seek independent
scientific peer review of the department's status report. The
director may approve an extension of time for completion of the
status report if necessary for the purposes of obtaining independent
peer review pursuant to Section 2074.6.  
   (b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date. 
  SEC. 7.  Section 2074.8 is added to the Fish and Game Code, to
read:
   2074.8.  (a) This article does not impose any duty or obligation
for, or otherwise require, the commission or the department to
undertake independent studies or other assessments of any species
when reviewing a petition and its attendant documents and comments.
   (b) This section shall become operative on January 1, 2017.
  SEC. 8.  Section 2075.5 of the Fish and Game Code is amended to
read:
   2075.5.   (a)    At the meeting scheduled
pursuant to Section 2075, the commission shall  make one of
the following findings:   hold a public hearing on the
petition and shall receive information, written or otherwise, and
oral testimony. After the conclusion of oral testimony from
department staff, the petitioner, or any other persons, the
commission may close the public hearing and the administrative record
for the   department's decision pursuant to this section.
 
   (b) After the commission closes the public hearing the
administrative record for the commission's decision is closed and it
shall not be reopened except as provided in subdivision (c). Once the
public hearing is closed a person shall not submit further
information to the department for consideration on that petition and
the commission shall not accept any further information for
consideration on that petition except as provided in subdivision (c).
 
   (c) The administrative record for the commission's decision
pursuant to this section shall not be reopened once the department
closes the public hearing unless one of the following occurs prior to
the commission's decision:  
   (1) There is a change in state or federal law or regulation that
has a direct and significant impact on the commission's determination
as to whether the petitioned action is warranted.  
   (2) The commission determines that it requires further information
to evaluate whether the petitioned action is warranted. If the
commission makes that determination during its deliberation, the
commission may request, on the record at the scheduled meeting or at
a continued meeting, further information on any issue relevant to
making its determination as to whether the petitioned action is
warranted. Any request by the commission pursuant to this paragraph
shall specify a date by which the information must be submitted to
the commission and shall serve to reopen the administrative record
for the limited purpose of receiving further information relating to
the issues specified by the commission in the request. Commission and
department staff, the petitioner, or any other person may submit
information in response to a request pursuant to this paragraph.
 
   (d) The commission, in its discretion, may either close the public
hearing and continue the meeting on the petition for the purpose of
deliberation or continue both the public hearing and the meeting on
the petition to a subsequent date which is no later than 90 days
after the meeting scheduled pursuant to Section 2075, and subject to
applicable notice and agenda requirements. If the commission closes
the public hearing but continues the meeting for the purpose of
deliberation, a person shall not submit, and the commission shall not
receive, further information relating to the petition except as
provided in subdivision (c).  
   (e) At the meeting scheduled pursuant to Section 2075, or at a
continued meeting scheduled pursuant to subdivision (d), the
commission shall make one of the following findings: 
   (1) The petitioned action is not warranted, in which case the
finding shall be entered in the public records of the commission and
the petitioned species shall be removed from the list of candidate
species maintained pursuant to Section 2074.2.
   (2) The petitioned action is warranted, in which case the
commission shall publish a notice of that finding and a notice of
proposed rulemaking pursuant to Section 11346.4 of the Government
Code ,  to add the species to, or remove the species from,
the list of endangered species or the list of threatened species.
Further proceedings of the commission on the petitioned action shall
be made in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.

   (f) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date. 
  SEC. 9.  Section 2075.5 is added to the Fish and Game Code, to
read:
   2075.5.  (a) At the meeting scheduled pursuant to Section 2075,
the commission shall make one of the following findings:
   (1) The petitioned action is not warranted, in which case the
finding shall be entered in the public records of the commission and
the petitioned species shall be removed from the list of candidate
species maintained pursuant to Section 2074.2.
   (2) The petitioned action is warranted, in which case the
commission shall publish a notice of that finding and a notice of
proposed rulemaking pursuant to Section 11346.4 of the Government
Code to add the species to, or remove the species from, the list of
endangered species or the list of threatened species. Further
proceedings of the commission on the petitioned action shall be made
in accordance with Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
   (b) This section shall become operative on January 1, 2017.
  SEC. 10.  Section 2087 of the Fish and Game Code is amended to
read:
   2087.  (a) Accidental take of candidate, threatened, or endangered
species resulting from acts that occur on a farm or a ranch in the
course of otherwise lawful routine and ongoing agricultural
activities is not prohibited by this chapter. 
   (b) For purposes of this section "accidental" means unintended,
unforeseen, and injurious.  
   (b) 
    (c)  This section shall remain in effect only until
January 1,  2014   2024  , and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1,  2014   2024  , deletes
or extends that date.
  SEC. 11.  Section 3517 is added to the Fish and Game Code, to read:

   3517.  (a) The policies and regulations of the department and
commission shall encourage the restoration and enhancement of upland
nesting cover and associated waterfowl brood habitat on both public
and private lands to support the production of resident waterfowl,
upland game birds, and other birds.
   (b) Unless expressly authorized by law, no governmental entity
shall prohibit or otherwise restrict the establishment of these
habitats for the purpose of propagating waterfowl or other birds
protected pursuant to this code without the concurrence of the
department.