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AB-1629 Endangered species: locally designed voluntary programs.(2023-2024)

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Date Published: 02/17/2023 09:00 PM
AB1629:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1629


Introduced by Assembly Member Flora

February 17, 2023


An act to amend Section 2086 of the Fish and Game Code, relating to endangered species.


LEGISLATIVE COUNSEL'S DIGEST


AB 1629, as introduced, Flora. Endangered species: locally designed voluntary programs.
Existing law requires the Department of Fish and Game, in cooperation with the Department of Food and Agriculture and specified persons, to adopt regulations that authorize locally designed voluntary programs for routine and ongoing agricultural activities on farms or ranches that encourage habitat for candidate, threatened, and endangered species, and wildlife generally. Existing law requires these authorized programs to, among other things, be supported by the best available scientific information for both agricultural and conservation practices. Existing law requires the department to, every 5 years, post a report regarding the effect of these programs on the department’s internet website.
Existing law authorizes the department to approve an application submitted by certain nonprofit organizations to initiate and undertake public education and outreach activities promoting specified objectives and requires a participating organization to file an annual report with the department containing certain information, including, among other things, information on a farm or ranch that has expressed interest in participating in a voluntary program, as provided.
This bill would make nonsubstantive changes to the above-described provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2086 of the Fish and Game Code is amended to read:

2086.
 (a) The department, in cooperation with the Department of Food and Agriculture, agricultural commissioners, extension agents, farmers, ranchers, and other agricultural experts, shall adopt regulations that authorize locally designed voluntary programs for routine and ongoing agricultural activities on farms or ranches that encourage habitat for candidate, threatened, and endangered species, and wildlife generally. Agricultural commissioners, extension agents, farmers, ranchers, or other agricultural experts, in cooperation with conservation groups, may propose those programs to the department. The department shall propose regulations for those programs not no later than July 1, 1998.
(b) Programs authorized under subdivision (a) shall do all of the following:
(1) Include management practices that will, to the maximum extent practicable, avoid and minimize take of candidate, endangered, and threatened species, while encouraging the enhancement of habitat.
(2) Be supported by the best available scientific information for both agricultural and conservation practices.
(3) Be consistent with the policies and goals of this chapter.
(4) Be designed to provide sufficient flexibility to maximize participation and to gain the maximum wildlife benefits without compromising the economics of agricultural operations.
(5) Include terms and conditions to allow farmers or ranchers to cease participation in a program without penalty. The terms and conditions shall include reasonable measures to minimize take during withdrawal from the program.
(c) Any The taking of candidate, threatened, or endangered species incidental to routine and ongoing agricultural activities that occurs while the management practices specified by paragraph (1) of subdivision (b) are followed, is not prohibited by this chapter.
(d) (1) The department shall automatically renew the authorization for these voluntary programs every five years, unless the Legislature amends or repeals this section section, in which case the program shall be revised to conform to this section.
(2)  Commencing in 2000, and every five years thereafter, the department shall post a report regarding the effect of the programs on its Internet Web site. internet website. The department shall consult with the Department of Food and Agriculture in evaluating the programs and preparing the report. The report shall address factors such as the temporary and permanent acreage benefiting from the programs, include an estimate of the amount of land upon which routine and ongoing agricultural activities are conducted, provide examples of farmer and rancher cooperation, and include recommendations to improve the voluntary participation by farmers and ranchers.
(e) If the authorization for these programs is not renewed or is modified under subdivision (d), persons participating in the program shall be allowed to cease participating in the program in accordance with the terms and conditions specified in paragraph (5) of subdivision (b), without penalty.
(f) (1) The department may approve an application submitted by an agricultural-based nonprofit organization or other entity registered as a California nonprofit organization to initiate and undertake public education and outreach activities that promote the achievement of the objectives of this chapter. An application submitted pursuant to this subdivision shall include all of the following:
(A) The name and contact information of the participating organization.
(B) A brief description of the planned outreach activities.
(C) An end date for the outreach activities.
(2) The department may require a participating organization to submit, for approval by the department, educational materials and outreach materials that are disseminated to the public in furtherance of this subdivision.
(3) A participating organization shall file an annual report with the department before the end of each calendar year during the time period specified in the application. The report shall include, but is not limited to, all of the following:
(A) Complete information on the activities conducted by the participating organization in the prior year, including a description of all means of communicating to the public and agricultural community, including personal visits, electronic communications, organized meetings, or other means.
(B) A compilation of responses from the public and members of the agricultural community that will assist the participating organization and the department to modify or improve public education and outreach activities on an ongoing basis.
(C) An assessment of the existing knowledge within the agricultural community of programs and prohibitions under this chapter and a review of outreach activities that could be used to adapt and improve future outreach efforts.
(D) Information on a farm or ranch that has expressed interest in participating in a voluntary program pursuant to this section or the safe harbor agreement program contained in Article 3.7 (commencing with Section 2089.2). This provision does not require the annual report to include the identification to the department of an individual, farm, or ranch.