Under the existing California Endangered Species Act, it is a misdemeanor to import, export, take, possess, purchase, or sell any species that the Fish and Game Commission has determined to be an endangered species or a threatened species, as defined, except as specified. Existing law requires the commission to maintain lists of threatened species and endangered species. Existing law permits the Department of Fish and Game to authorize the import, export, take, or possession of any endangered species, threatened species, or candidate species for scientific, educational, or management purposes or to issue a permit to authorize the incidental take of those species under specified conditions.

This bill would provide that nothing in the act prohibits the take of any endangered, threatened, or candidate species, if the take is incidental to the implementation of corrective action taken in accordance with an order issued by the Department of Toxic Substances Control, a unified program agency, or authorized local officer, pursuant to the hazardous waste control laws, or a removal or remedial action taken in accordance with an order issued, or an enforceable agreement entered into, pursuant to the Carpenter-Presley-Tanner Hazardous Substances Account Act.