CHAPTER 1.5. Endangered Species [2050. - 2089.25.]

Chapter 1.5 repealed and added by Stats. 1984, Ch. 1240, Sec. 2.

§§ 2050–2089.25 · 89 sections

1. ARTICLE 1. General Provisions §§ 2050–2068 · 17 sections

   • § 2050 This chapter shall be known and may be cited as the California Endangered Species Act.
   • § 2051 The Legislature hereby finds and declares all of the following: (a) Certain species of fish, wildlife, and plants have been rendered extinct as a consequence…
   • § 2052 The Legislature further finds and declares that it is the policy of the state to conserve, protect, restore, and enhance any endangered species or any…
   • § 2052.1 The Legislature further finds and declares that if any provision of this chapter requires a person to provide mitigation measures or alternatives to address a…
   • § 2053 (a) The Legislature further finds and declares that it is the policy of the state that public agencies should not approve projects as proposed which would…
   • § 2054 The Legislature further finds and declares that, in the event specific economic, social, or other conditions make infeasible such alternatives, individual…
   • § 2055 The Legislature further finds and declares that it is the policy of this state that all state agencies, boards, and commissions shall seek to conserve…
   • § 2056 The Legislature further finds and declares that the cooperation of the owners of land which is identified as habitat for endangered species and threatened…
   • § 2060 The definitions in this article govern the construction of this chapter.
   • § 2061 “Conserve,” “conserving,” and “conservation” mean to use, and the use of, all methods and procedures which are necessary to bring any endangered species or…
   • § 2062 “Endangered species” means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant which is in serious danger of becoming extinct…
   • § 2063 “Feasible” means feasible as defined in Section 21061.1 of the Public Resources Code.
   • § 2064 “Project” means project as defined in Section 21065 of the Public Resources Code.
   • § 2064.5 “Recover” and “recovery” mean to improve, and improvement in, the status of a species to the point at which listing is no longer appropriate under the criteria…
   • § 2065 “State lead agency” means the state agency, board, or commission which is a lead agency under the California Environmental Quality Act (Division 13 (commencing…
   • § 2067 “Threatened species” means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that, although not presently threatened with…
   • § 2068 “Candidate species” means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that the commission has formally noticed as…
2. ARTICLE 2. Listing of Endangered Species §§ 2070–2079.1 · 25 sections

   • § 2070 The commission shall establish a list of endangered species and a list of threatened species. The commission shall add or remove species from either list if it…
   • § 2071 The commission shall adopt guidelines by which an interested person may petition the commission to add a species to, or to remove a species from either the…
   • § 2071.5 The department shall recommend, and the commission shall adopt, criteria for determining if a species is endangered or threatened.
   • § 2072 The petition shall be written, shall be clearly identified as a petition, and shall clearly indicate the administrative measure recommended.
   • § 2072.3 To be accepted, a petition shall, at a minimum, include sufficient scientific information that a petitioned action may be warranted. Petitions shall include…
   • § 2072.7 The department may, in the absence of a petition from an interested party, recommend to the commission that it add a species to, or remove a species from,…
   • § 2073 Within 10 days of the receipt of a petition from an interested person under Section 2072.3, the commission shall refer the petition to the department.
   • § 2073.3 (a) The commission shall publish a notice in the California Regulatory Notice Register of the receipt of a petition prepared pursuant to Section 2072.3 by the…
   • § 2073.4 (a) A person may submit information to the department relating to the petitioned species during the evaluation of the petition pursuant to Section 2073.5. The…
   • § 2073.5 (a) Within 90 days of receipt of the petition, the department shall evaluate the petition on its face and in relation to other relevant information the…
   • § 2073.7 A petitioner may amend a petition at any time prior to the beginning of the meeting held by the commission pursuant to Section 2074.2. However, if the…
   • § 2074 The commission shall schedule the petition for consideration at its next available meeting, but not sooner than 30 days after receipt of the petition and…
   • § 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…
   • § 2074.4 If a petition is accepted by the commission for consideration, all reasonable attempts shall be made to notify affected and interested parties and to solicit…
   • § 2074.6 (a) If the commission accepts a petition for consideration, the department shall promptly commence a review of the status of the species concerned in the…
   • § 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…
   • § 2075 The commission shall schedule the petition for final consideration at its next available meeting after receipt of the departmental report provided pursuant to…
   • § 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…
   • § 2076 Any finding pursuant to this article is subject to judicial review under Section 1094.5 of the Code of Civil Procedure.
   • § 2076.5 Notwithstanding Sections 2071 to 2075.5, inclusive, the commission may adopt a regulation that adds a species to the list of endangered species or to the list…
   • § 2076.7 (a) For the purposes of this section only, “federally listed species” means any species, subspecies, distinct population segment, or evolutionarily significant…
   • § 2077 (a) Upon a specific appropriation of funds by the Legislature, the department shall, or if other funding is available, in the absence of a specific…
   • § 2078 (a) To provide all interested persons access to information and notification of pending listing or delisting actions, the commission shall distribute the…
   • § 2079 The department shall, by January 30 of every third year, beginning January 30, 1986, prepare a report summarizing the status of all state listed endangered,…
   • § 2079.1 (a) Upon a specific appropriation of funds by the Legislature, or if funding is otherwise available, the department may develop and implement nonregulatory…
3. ARTICLE 3. Taking, Importation, Exportation, or Sale §§ 2080–2085 · 26 sections

   • § 2080 No person or public agency shall import into this state, export out of this state, or take, possess, purchase, or sell within this state, any species, or any…
   • § 2080.1 (a) Notwithstanding any other provision of this chapter, or Chapter 10 (commencing with Section 1900) or Chapter 11 (commencing with Section 1925) of Division…
   • § 2080.2 The Legislature finds and declares the following: (a) The historic settlement approved by Congress in the San Joaquin River Restoration Settlement Act (Part I…
   • § 2080.3 (a) Notwithstanding any other provision of this chapter, if any person obtains from the Secretary of Commerce an enhancement of survival permit pursuant to…
   • § 2080.4 (a) If a population of spring run Chinook salmon in the San Joaquin River is designated as an experimental population under subsection (j) of Section 1539 of…
   • § 2080.5 (a) Notwithstanding any other provision of this chapter, if any person obtains from the Secretary of Commerce or the Secretary of the Interior an enhancement…
   • § 2080.6 (a) For purposes of this chapter, “experimental population” means any population nonessential to the continued existence of an endangered, threatened, or…
   • § 2080.7 It is the intent of the Legislature that, before the introduction of an experimental population, as defined in Section 2080.6, onto land or into waters of this…
   • § 2081 The department may authorize acts that are otherwise prohibited pursuant to Section 2080, as follows: (a) Through permits or memorandums of understanding, the…
   • § 2081.1 Nothing in this chapter or in any other provision of law prohibits the taking or the incidental taking of any endangered, threatened, or candidate species if…
   • § 2081.2 (a) For purposes of this section, the following terms have the following meanings: (1) “Permit” means any authorization issued by the department pursuant to…
   • § 2081.4 (a) The department may authorize, under this chapter, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to replacing the…
   • § 2081.5 (a) The department may authorize under this chapter, by permit, the take of the Santa Cruz long-toed salamander (Ambystoma macrodactylum croceum) resulting…
   • § 2081.6 (a) The department may authorize, under this chapter, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) resulting from…
   • § 2081.7 (a) Notwithstanding Sections 3511, 4700, 5050, and 5515, and contingent upon the fulfillment of the conditions listed in subdivisions (b), (c), and (d), the…
   • § 2081.8 The Resources Agency shall undertake the necessary activities to assess the protection of recreational opportunities, including, but not limited to, hunting,…
   • § 2081.9 (a) Notwithstanding Section 5050, the department may authorize, under this chapter, the incidental take of limestone salamander (Hydromantes brunus) resulting…
   • § 2081.10 (a) The department may authorize, under this chapter, the incidental take of unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) attributable…
   • § 2081.11 (a) The department may authorize, under this chapter, the take or possession of the Lost River sucker (Deltistes luxatus and Catostomus luxatus) and shortnose…
   • § 2081.12 (a) The department may authorize, under this chapter, by permit, the take or possession of the blunt-nosed leopard lizard (Gambelia sila) resulting from…
   • § 2081.13 (a) Notwithstanding Sections 3511 and 4700, the department may authorize, under this chapter, the incidental take of the salt-marsh harvest mouse…
   • § 2081.15 (a) Notwithstanding Sections 3511, 4700, 5050, and 5515, and subject to the requirements set forth in subdivisions (c) to (g), inclusive, the department may…
   • § 2082 This chapter does not prohibit the sale of any endangered species or threatened species, or any part or product thereof, when the owner can demonstrate that…
   • § 2083 This chapter does not apply to the taking of fish otherwise authorized pursuant to Part 3 (commencing with Section 7600) of Division 6 or to the possession of…
   • § 2084 (a) The commission may authorize, subject to terms and conditions it prescribes, and based on the best available scientific information, (1) the taking of any…
   • § 2085 The provisions of this article shall apply to any species designated as a candidate species under Section 2074.2 if notice has been given pursuant to Section…
4. ARTICLE 3.5. Incidental Take Associated with Routine and Ongoing Activities §§ 2086–2089 · 4 sections

   • § 2086 (a) The department, in cooperation with the Department of Food and Agriculture, agricultural commissioners, extension agents, farmers, ranchers, and other…
   • § 2087 (a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee…
   • § 2088 This article does not authorize the take of fish species and does not apply to timber harvesting governed by the State Board of Forestry. “Fish species” as…
   • § 2089 Routine and ongoing agricultural activities shall be defined by the department by regulation and shall not include the conversion of agricultural land to a…
5. ARTICLE 3.7. California State Safe Harbor Agreement Program Act §§ 2089.2–2089.25 · 17 sections

   • § 2089.2 (a) This article shall be known and may be cited as the California State Safe Harbor Agreement Program Act. (b) The Legislature finds that a key to the goals…
   • § 2089.4 As used in this article, the following definitions apply: (a) “Agreement” means a state safe harbor agreement approved by the department pursuant to this…
   • § 2089.5 (a) The department shall, to the maximum extent practicable, prioritize the review of, and decision to approve, an agreement if the property proposed to be…
   • § 2089.6 (a) In addition to the other provisions of this article, the department may authorize acts that are or may become otherwise prohibited pursuant to Section…
   • § 2089.7 The department may authorize the taking of the Owens pupfish in the Owens River watershed if the take is authorized under an agreement pursuant to this article.
   • § 2089.8 The landowner shall submit all of the following: (a) A detailed map depicting the land proposed to be enrolled in the agreement. (b) The common and scientific…
   • § 2089.9 (a) As used in this section, “proprietary information” means information that is all of the following: (1) Related to an agricultural operation or land that is…
   • § 2089.10 If an agreement has been approved and the department finds that the agreement is being properly implemented, the department shall allow the landowner to alter…
   • § 2089.12 (a) Unless the department determines that it is inappropriate to do so based on the nature of the management actions being proposed, the species listed in the…
   • § 2089.14 An agreement may be amended with the mutual consent of the landowner and the department.
   • § 2089.16 If a landowner seeks to sell, transfer, or otherwise alienate the land or water enrolled in the agreement during the term of the agreement, the person or…
   • § 2089.18 The suspension and revocation of the agreement shall be governed by suspension and revocation regulations adopted by the department.
   • § 2089.20 (a) This section does not provide the public a right of entry onto the enrolled land or water. The landowner shall provide the department, its contractors, or…
   • § 2089.22 (a) If any of the following agreements have been approved pursuant to applicable provisions of federal law and the federal agreement contains species that are…
   • § 2089.23 (a) A landowner that owns land that abuts a property enrolled in a state safe harbor agreement shall not be required, for purposes of an incidental take…
   • § 2089.24 The department, for informational purposes, shall maintain a list of qualified persons who have worked with the department on an approved agreement, and…
   • § 2089.25 The department may promulgate regulations to implement this article.