BILL NUMBER: SB 749 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2013
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, and to add Article
2.5 (commencing with Section 1758) to Chapter 7.5 of Division 2 of,
the Fish and Game Code, relating to fish and wildlife
resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 749, as amended, 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. Existing law states that it is the
policy of the state to maintain sufficient populations of all species
of wildlife and native plants and the habitat necessary to insure
their continued existence at the optimum levels possible to insure,
among other things, the policy to perpetuate native plants and all
species of wildlife for their intrinsic and ecological values, as
well as for their direct benefits to humanity.
This bill would authorize the department to lease
department-managed lands for agricultural activities, as specified.
The bill would require provide that the
moneys collected from those agricultural leases to
may be used to support the maintenance and
operations of department-managed lands from where
which the moneys were originally collected. The bill
would require the department to identify which department-managed
lands the department will manage for the purpose of restoring and
enhancing upland nesting cover and associated waterfowl brood habitat
to support the production of resident waterfowl and upland game
birds. The bill would also require the department, in the manner it
deems appropriate, to annually solicit comment and recommendations
regarding the management of these lands from nonprofit waterfowl and
upland game bird conservation groups.
(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 the California Environmental Quality Act
, 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 The California Environmental
Quality Act 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 make a technical change to these provisions
and extend this exception to January 1, 2024, and
2020. The bill 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, a state
agency from prohibiting or otherwise restricting the
establishment of these habitats upland
nesting cover and associated waterfowl brood habitat for the
purpose of propagating waterfowl , upland game birds, 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)
1745.1. (a) 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. shall be
consistent with the purpose for which the lands were acquired and
compatible with the department's approved management plan for the
area, if available.
(2) The
(b) Notwithstanding subdivision (c) of
Section 1348, the moneys collected from agricultural leases
entered into pursuant to paragraph (1) shall
subdivision (a) may be used to support the maintenance and
operations of department-managed lands from where
which the moneys were originally collected.
SEC. 2 . Article 2.5
(commencing with Section 1758) is added to Chapter 7.5 of
Division 2 of the Fish and Game Code , to read:
Article 2.5. Bird Habitat Conservation
1758. (a) The department shall identify which department-managed
lands, within the meaning of paragraph (1) of subdivision (a) of
Section 1745, the department will manage for the purpose of restoring
and enhancing upland nesting cover and associated waterfowl brood
habitat to support the production of resident waterfowl and upland
game birds.
(b) For lands identified in subdivision (a), the department, in
the manner it deems appropriate, shall annually solicit comment and
recommendations regarding the management of these lands from
nonprofit waterfowl and upland game bird conservation groups.
SEC. 2. SEC. 3. 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 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, written comments received, and oral testimony provided during
the public hearing, and the commission shall make and enter in its
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.
(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. SEC. 4. 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. SEC. 5. 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 pursuant to paragraph (2) of subdivision (e) of
Section 2074.2, the department shall 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. SEC. 6. 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. SEC. 7. Section 2074.8 of
the Fish and Game Code is amended 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.
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. SEC. 8. 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. SEC. 9. 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 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. SEC. 10. 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. SEC. 11. 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 an
act that occurs 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.
(c) This section shall remain in effect only until January 1,
2024 2020 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2024 2020 , deletes or
extends that date.
SEC. 11. SEC. 12. 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
3517. A state agency shall not
prohibit or otherwise restrict the establishment of these
habitats upland nesting cover and associated waterfowl
brood habitat for the purpose of propagating waterfowl ,
upland game birds, or other birds protected pursuant to this
code without the concurrence of the department.