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AB-202 Endangered species: conservation: California State Safe Harbor Agreement Program Act.(2019-2020)

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Date Published: 01/14/2019 09:00 PM


Assembly Bill No. 202

Introduced by Assembly Member Mathis

January 14, 2019

An act to amend Section 2089.26 of the Fish and Game Code, relating to endangered species.


AB 202, as introduced, Mathis. Endangered species: conservation: California State Safe Harbor Agreement Program Act.
Existing law, the California Endangered Species Act (CESA), prohibits a person from importing, exporting, or taking, possessing, purchasing, or selling within the state, any species, or any part or product thereof, that the Fish and Game Commission determines to be an endangered species or a threatened species, with specified exceptions. These prohibitions also apply to any species designated by the commission as a candidate species if notice of its status has been given.
Existing law, the California State Safe Harbor Agreement Program Act, establishes a program to encourage landowners to manage their lands voluntarily, by means of state safe harbor agreements approved by the Department of Fish and Wildlife, to benefit endangered, threatened, or candidate species, of declining or vulnerable species, without being subject to additional regulatory restrictions as a result of their conservation efforts. The act authorizes the department to authorize specified acts that are or may become otherwise prohibited pursuant to CESA by entering into a state safe harbor agreement. Under existing law, the act remains in effect until January 1, 2020.
Existing law makes it a crime to submit, or conspire to submit, any false, inaccurate, or otherwise misleading information on any application or other document offered or otherwise presented to the department for any purpose, including, but not limited to, obtaining a license, tag, permit, or other privilege or entitlement pursuant to the Fish and Game Code or regulations adopted pursuant to the code.
This bill would extend the operation of the California State Safe Harbor Agreement Program Act through January 1, 2024. Because submission of false, inaccurate, or misleading information on an application for a state safe harbor agreement under the act would be a crime, this bill would extend the application of a crime, thus imposing a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


 Section 2089.26 of the Fish and Game Code is amended to read:

 This article shall remain in effect only until January 1, 2020, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, 2024, deletes or extends that date.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.