BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 448
                                                                  Page  1

          Date of Hearing:   July 8, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                    SB 448 (Pavley) - As Amended:  June 11, 2009 

          Policy Committee:                              Water Parks and  
          Wildlife     Vote:                            12-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill authorizes the Department of Fish and Game (DFG) to  
          enter into a safe harbor agreement (SHA) with a landowner for  
          the protection of species that are listed as threatened or  
          endangered under the California Endangered Species Act (CESA).   
          Such an agreement would allow "taking" (killing) of these  
          species that is incidental to an otherwise lawful activity,  
          provided certain conditions are met that provide for the  
          protection of those species.

           FISCAL EFFECT  

          Ongoing annual costs of an unknown amount, likely less than  
          $100,000, largely depending on the number of SHAs entered into  
          by DFG. (Fish and Game Preservation Fund)

           COMMENTS  

           1)Rationale  .  The author notes that much of the habitat of  
            endangered and threatened species is located on private land.   
            The author argues that protection of these species therefore  
            depends on the cooperation of private landowners.  The author  
            contends this bill will provide legal protection to owners of  
            such land who may otherwise resist efforts to make their land  
            hospitable to protected species.

           2)Background.   Safe harbor agreements are voluntary agreements  
            between landowners and regulatory agencies for conservation of  
            species listed as endangered or threatened.  A participating  
            landowner agrees to provide a net conservation benefit to  
            listed species on his or her property, as measured against  








                                                                  SB 448
                                                                  Page  2

            baseline conditions established at the time of the agreement.   
            In exchange, landowners receive greater flexibility to manage  
            lands, authority for the incidental taking of listed species  
            that results from authorized activities, and assurance that no  
            further regulatory requirements for species protection will be  
            imposed upon the land. 

            The federal Endangered Species Act (ESA) expressly provides  
            for the use of SHAs.  CESA, however, does not.  
             
           3)Supporters  , including several major environmental  
            organizations, note that SHAs are widely used at the federal  
            level to provide listed species protection on private lands.   
            While there is no registered opposition to this bill, the  
            California Farm Bureau will support it only if amended to  
            provide confidentiality protection to program participants.
           
          Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081