BILL ANALYSIS
SB 1303
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Date of Hearing: June 15, 2010
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
SB 1303 (Wolk) - As Amended: June 2, 2010
SENATE VOTE : 30-0
SUBJECT : California Endangered Species Act: Accidental Take:
Agricultural Activities
SUMMARY : Extends the repeal date on the exemption in the
California Endangered Species Act (CESA) for accidental take of
species resulting from otherwise lawful routine and ongoing
agricultural activities to 2014, and encourages public education
of voluntary programs for agricultural activities that promote
wildlife habitat. Specifically, this bill :
1)Makes legislative findings and declarations regarding CESA,
voluntary habitat management and safe harbor agreement
programs, the importance of providing incentives to private
landowners for voluntary conservation activities that promote
wildlife habitat, and the importance of efficient and timely
permitting processes for such projects.
2)States legislative intent to authorize nonprofit agricultural
organizations to develop educational materials and to conduct
public outreach to farming communities that will inform
stakeholders of CESA, existing voluntary habitat conservation
programs, economic incentives available to landowners, and
existing statutory protections for adjacent landowners.
3)Authorizes the Department of Fish and Game(DFG) to approve
applications submitted by nonprofit agricultural organizations
and other nonprofits for public education and outreach
activities to promote voluntary programs for routine and
ongoing agricultural activities that encourage wildlife
habitat. Requires the applications to include specified
information.
4)Requires a participating organization to file an annual report
with DFG before the end of each calendar year covered by the
application that includes information on activities conducted,
all means used of communicating with the public and
agricultural community, responses received, an assessment of
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existing knowledge on existing programs and laws, and
information on any farm or ranch that has expressed an
interest in participating in a voluntary program.
5)Extends the sunset repeal date on the existing CESA exemption
for accidental take resulting from otherwise lawful, routine
and ongoing agricultural activities for three years from 2011
to 2014.
EXISTING LAW :
1)Exempts, until January 1, 2011, accidental take of candidate,
threatened or endangered species resulting from acts that
occur on a farm or ranch in the course of otherwise lawful
routine and ongoing agricultural activities from the
prohibitions of take under CESA.
2)Requires DFG, in cooperation with DFA and other entities, to
adopt regulations authorizing locally designed voluntary
programs for routine and ongoing agricultural activities on
farms or ranches that encourage habitat for species listed
under the CESA and wildlife generally. Authorizes
agricultural commissioners, farmers and others to propose such
voluntary programs to DFG.
3)Authorizes DFG to enter into a safe harbor agreement with a
landowner who voluntarily undertakes activities to benefit
wildlife and allowing incidental take of listed species upon a
finding of "net conservation benefit."
FISCAL EFFECT : Unknown
COMMENTS : This bill extends for three years the existing CESA
exemption for accidental take of listed species resulting from
otherwise lawful, routine and ongoing agricultural activities.
This bill also encourages public outreach to the agricultural
community to encourage voluntary conservation activities that
will enhance wildlife habitat while providing protections to
landowners from further regulation. Examples of existing
voluntary programs include the safe harbor agreement program
enacted through passage of SB 448 (Pavley), Chapter 184,
Statutes of 2009, and voluntary agricultural management programs
authorized under Fish and Game Code Section 2086, which
encourage wildlife habitat while allowing incidental take of
listed species. Although these voluntary options exist, to date
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there has been limited interest on the part of landowners in
taking advantage of these programs, perhaps in part due to the
fact that the accidental take exemption exists. The farming
community stresses that continuation of the accidental take
provision is important to ensure landowners are not subject to
liability under CESA, in spite of best efforts to avoid take.
This bill represents a compromise, which includes both a three
year extension of the accidental take exemption, and also
reflects a commitment on the part of organizations representing
agricultural interests to undertake further public outreach to
ensure farmers and ranchers are aware of voluntary programs that
can both enhance wildlife habitat while providing protection to
landowners from CESA liability.
Arguments in Support : The author notes this bill is needed to
avoid the sunsetting of the accidental take provisions and to
implement educational outreach activities that promote the
objectives of CESA. Supporters note that farmers and ranchers
provide habitat for wildlife throughout the state, and that
extension of the accidental take exemption provides an incentive
for farmers not to use "scorched earth" farming practices. They
assert that continuation of the sunset further encourages
development of wildlife friendly farming practices.
Some conservation groups, which are now neutral on this bill as
amended, believe that the availability of safe harbor agreements
and other existing voluntary programs for wildlife friendly
farming provide alternatives to the accidental take section by
also providing protections for wildlife friendly farming
agreements on working landscapes. They view this bill, which
provides for a three year extension of the sunset, combined with
agreements for further public outreach and education on existing
voluntary programs for agricultural activities that promote
wildlife habitat, as a phase in period for these laws.
Arguments in Opposition : None received
REGISTERED SUPPORT / OPPOSITION :
Support
Agricultural Council of California
Alliance of Western Milk Producers
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Association of California Water Agencies
California Association of Winegrape Growers
California Cattlemen's Association
California Chamber of Commerce
California Citrus Mutual
California Cotton Ginners Association
California Cotton Growers Association
California Farm Bureau Federation
California Grape and Tree Fruit League
California Outdoor Heritage Alliance
California State Association of Counties
California Tomato Growers Association
Imperial Irrigation District
Kern County Water Agency
Kings River Conservation District
Kings River Water Association
Modesto Irrigation District
Nisei Farmers League
Regional Council of Rural Counties
Resource Landowner's Coalition
Solano County Water Agency
Western Agricultural Processors Association
Western Growers
Opposition
None on file
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096