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AB-64 Beaver restoration.(2023-2024)

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Date Published: 04/13/2023 09:00 PM
AB64:v97#DOCUMENT

Amended  IN  Assembly  April 13, 2023
Amended  IN  Assembly  February 17, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 64

Introduced by Assembly Member Mathis

December 06, 2022

An act to add Article 2 (commencing with Section 4030) to Chapter 2 of Part 3 of Division 4 of the Fish and Game Code, relating to beaver.


LEGISLATIVE COUNSEL'S DIGEST


AB 64, as amended, Mathis. Wild beaver: release. Beaver restoration.
Existing law, except as provided, authorizes any owner or tenant of land or property that is being damaged or destroyed or is in danger of being damaged or destroyed by certain animals, including, among others, the beaver, to apply to the Department of Fish and Wildlife for a permit to kill the animals. Under existing law, it is unlawful for any person to trap any fur-bearing mammal for purposes of recreation or commerce in fur. Under existing law, a violation of the Fish and Game Code is a crime.
This bill would require the department to, through consultation with beaver restoration program partners, as defined, develop a program to promote beaver restoration across California, as provided. The bill would, no later than January 1, 2025, require the department to expand the program by, among other things, developing a licensing scheme that includes the issuance and administration of permits for the capture, handling, transport, and release of beavers on public and private lands, except as specified.
This bill would require the department to allow the release of the wild beaver onto public lands or private lands and would authorize the department to partner with specified entities beaver restoration program partners for the express purpose of providing training and capturing, handling, or releasing the wild beaver onto public lands, as provided. The bill would, where if a released wild beaver migrates naturally onto private property, authorize a private landowner to request the department to relocate the beaver, as provided. The bill would require the department to be liable for damage done to private property that can be directly tied to the presence of the released wild beaver.

The

This bill would authorize the department to require the department to only allow the release of the wild beaver onto private lands with a written agreement from the landowner, as provided. landowner. The bill would establish a procedure for a landowner needing to remove, breach, or modify a beaver dam utilized by the relocated beaver and would authorize the landowner to apply for a depredation permit when the beaver causes damage to the landowner’s property or is at risk of damaging property, beaver, as specified.

The

This bill would authorize the department to allow the release of the wild beaver onto lands held by California recognized tribal nations federally recognized tribes or nonfederally recognized California Native American tribes included on the contact list maintained by the Native American Heritage Commission with a written agreement from the tribal government containing specified information. The bill would require the department to be liable for damage done to structures that can be directly tied to the presence of the wild beaver released onto private lands or onto lands held by California recognized tribal nations, as provided.

The

This bill would require the department to only allow develop criteria to guide the release of the wild beaver to an area of the state where there is a low probability of the released beaver becoming a nuisance or causing damage, there is evidence of historic endemic beaver populations, damage and conditions exist for the released beaver to improve, maintain, or manage stream or riparian ecosystem functions. The bill would authorize the department to consider certain factors when relocating the wild beaver, including, among others, the adequacy of a food source.
Because a violation of these new provisions would be a crime, this bill would impose 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 1.

 The Legislature finds and declares all of the following:
(a) The North American Beaver (Castor canadensis) is a keystone species that is native to California and was once prevalent in watersheds throughout the state.
(b) A legacy of beaver trapping, exploitation, and eradication has significantly diminished the beaver population across California, reducing the ecological benefits beavers provide to California’s watersheds, wildlife, and climate.
(c) Beavers provide habitat for a myriad of species, increase biodiversity, and are integral to the conservation and recovery of imperiled species.
(d) Beavers are ecosystem engineers who improve climate change resiliency and watershed health, thereby providing essential ecosystem services to both wildlife and human communities.
(e) Beaver-created dams, ponds, and associated wetlands help mitigate and adapt to the impacts of climate change, drought, and wildfire by enhancing carbon sequestration, increasing water storage, maintaining stream flows, providing flood and erosion control, and establishing riparian corridors that serve as critical fire refugia.
(f) Beaver dams also improve water quality, repair degraded channels, reconnect floodplains, and create and expand diverse wetland and aquatic habitats that support a multitude of species.
(g) Recognizing that beavers are one of the most cost-efficient, sustainable solutions for ecological restoration and climate change resilience, Native American tribes, state and federal agencies, nongovernmental organizations, private landowners, ranchers, scientists, restoration practitioners, and academics are working in partnership to successfully implement beaver restoration projects throughout California.
(h) A proactive, modernized approach to beaver management with a focus on coexistence strategies and high-impact, low-disturbance techniques to bring beavers back to the landscape will enhance the ongoing efforts to restore ecological function to California’s watersheds and increase community resilience to climate change.
(i) Beaver restoration includes coexistence, habitat enhancement and expansion, process-based mimicry, and relocation.
(j) California Indian tribes possess traditional knowledge of the ecosystem benefits that beavers provide for California watersheds and wetlands.

(i)

(k) Facilitating beaver restoration projects will greatly accelerate stream and wetland restoration and thus would be an enormous asset in achieving California’s goals for wildfire and drought resiliency, 30x30 protections, and nature-based solutions to climate change.

SEC. 2.

 Article 2 (commencing with Section 4030) is added to Chapter 2 of Part 3 of Division 4 of the Fish and Game Code, to read:
Article  2. Release Provisions Beaver Restoration Program

4030.
 (a) The department shall, through consultation with beaver restoration program partners, develop a program to promote beaver restoration across California by revising policies and guidelines relating to beavers, coordinating restoration efforts, proactively mitigating human-beaver conflict, and relocating beavers into watersheds.
(b) No later than January 1, 2025, the department shall expand the program described in subdivision (a) to do both of the following:
(1) Develop a required training for the capture, handling, transport, and release of beavers on public and private lands.
(2) Develop a licensing scheme that includes the issuance and administration of permits for the capture, handling, transport, and release of beavers on public and private lands. Any costs imposed shall not exceed the reasonable costs to the department for the implementation and administration of the licensing scheme.
(c) Nothing in this article shall be interpreted to imply that federally recognized tribes shall be required to obtain training or a permit to capture, handle, transport, or release beavers on lands held in federal trust for a tribe’s benefit.
(d) As used in this article, “beaver restoration program partners” means federal agencies, nonprofit organizations, federally recognized tribes, nonfederally recognized California Native American tribes included on the contact list maintained by the Native American Heritage Commission, academic programs, and other entities.

4031.
 (a) The Under the program developed pursuant to Section 4030, the department shall allow the release of the wild beaver onto public lands. The or private lands. For beaver released onto public lands, the department or beaver restoration program partners shall notify potentially affected, adjacent landowners in writing before permitting prior to the release of the wild beaver onto public lands.

(b)The department shall require specific training for a person involved with capturing, handling, or releasing the wild beaver onto public lands.

(c)(1)

(b) Notwithstanding any other law, the department may partner with federal agencies, nonprofit organizations, academic programs, and other entities beaver restoration program partners for the express purpose purposes of providing required training and capturing, handling, or releasing the wild beaver onto public lands. The department shall issue permits, maintain the permit system, and develop reporting requirements for the purposes of this subdivision that are applicable to all partners beaver restoration program partners except federal agencies. agencies and federally recognized tribes.

(2)The department shall require each partner, excluding federal agencies, to complete a training course created and administered by the department before the department issues a permit authorizing the partner to conduct work in the state related to this article.

(3)Excluding federal agencies, each partner shall complete the required training course and receive a permit from the department before conducting work in the state related to this article.

(d)

(c) The department may identify a nuisance beaver or areas with a thriving beaver population as a source population for capturing and relocating the wild beaver onto public lands.

(e)

(d) (1) If a wild beaver that is released onto public lands pursuant to this section migrates naturally onto private property, the private landowner of the property where the beaver now resides may request that the department relocate the beaver. The department shall comply with the landowner’s request determine whether relocation is necessary and feasible in a timely manner.
(2) If a wild beaver that is released onto public lands pursuant to this section migrates naturally onto private property, the department may notify the landowner of the enter into an agreement in with the landowner pursuant to subdivision (a) of Section 4031. If the private landowner signs an agreement, the department shall no longer be required to relocate the wild beaver pursuant to paragraph (1) unless the landowner subsequently rescinds the agreement. 4032.

(3)The department shall be liable for damage done to private property that can be directly tied to the presence of the wild beaver released pursuant to this section.

4031.4032.
 (a) The department may shall only allow the release of the wild beaver onto private lands with a written agreement from the landowner. Either party may rescind the agreement in writing using certified mail. Upon receiving or issuing notice of the agreement’s dissolution, the state will have 60 days to remove any wild beaver on the private property.

(b)If a wild beaver released pursuant to this section causes damage to the landowner’s property, or is at risk of damaging property, the landowner may apply for a depredation permit pursuant to Section 4181. The department shall not require a fee or charge for the permit if the applicant can furnish a copy of their agreement with the state.

(c)

(b) (1) If, for the purpose of preventing damage to private or public lands, structures, or other improvements of value, a landowner needs to remove, breach, or modify a beaver dam that is utilized by the wild beaver relocated pursuant to subdivision (a) and that is located on the landowner’s property, the landowner shall submit a request for alteration to the department at least 48 72 hours prior to altering the dam.
(2) (A) If the department finds that the beaver dam poses no risk to private or public lands, structures, or other improvements of value, or is found to be providing critical habitat for any listed species pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3), then the request for alteration may be denied. The department shall provide to the landowner, in writing and in a timely manner, the reasons why the department denied that landowner’s request for alteration. These reasons shall include a justification on behalf of the department as to why the dam does not need or warrant alteration.

(B)If the request for alteration is denied, but the dam subsequently causes harm to lands, structures, or other improvements of value, the department shall be liable for the damages and shall provide fair market value compensation for those losses, as defined in Section 1263.320 of the Code of Civil Procedure.

(C)

(B) If the request for alteration is approved, the landowner shall be responsible for monitoring the parts of the upstream and downstream that reside of the altered beaver dam on their property for stranded fish in isolated pools. The department shall provide guidance to the landowner regarding monitoring requirements. The landowner shall make a good-faith good faith effort to capture and safely move all stranded or isolated fish to the nearest free-flowing water.

(d)

(c) (1) The department may allow the release of the wild beaver onto lands held by California recognized tribal nations federally recognized tribes or nonfederally recognized California Native American tribes included on the contact list maintained by the Native American Heritage Commission with a written agreement from the tribal government. The agreement shall contain a provision stating that the tribal nation may remove, breach, or modify a beaver dam that is utilized by the wild beaver relocated pursuant to this subdivision and that is located within the tribe’s borders only after notifying the department 24 48 hours prior to the alteration of the dam.

(2)A wild beaver released onto tribal lands, or a released wild beaver that migrates onto tribal lands, is the property of the tribe, as long as the animal does not naturally leave the tribal lands.

(3)

(2) In the event that the department desires to access tribal lands the lands of federally recognized tribes or nonfederally recognized California Native American tribes included on the contact list maintained by the Native American Heritage Commission to relocate or inspect a wild beaver, permission shall be obtained from the tribal government prior to entering the tribal lands.

(e)The department shall be liable for damage done to structures that can be directly tied to the presence of the wild beaver released pursuant to this section.

4032.4033.
 (a) The department shall only allow develop criteria to guide the release of the wild beaver pursuant to Sections 4030 and 4031 to an area of the state where all of the following occur: this article. The criteria may include, but are not limited to, both of the following:
(1) There is a low probability of the released beaver becoming a nuisance or causing damage.
(2) Conditions exist for the released beaver to improve, maintain, or manage stream or riparian ecosystem functions.

(3)There is evidence of historic endemic beaver populations.

(b) The department may consider the following factors when relocating the wild beaver pursuant to Sections 4030 and 4031: this article:
(1) Stream gradient.
(2) Sufficiency of the water supply.
(3) Stream geomorphology.
(4) Adequacy of a food source.
(5) Proper site elevation and valley width.
(6) The age of the beaver relocated.
(7) The time of year for capture and relocation.
(8) Requirements for capturing, handling, and transporting live beavers.
(9) The minimum and maximum number of beavers that may be relocated to one area.
(10) Requirements for a person that is party to an agreement pursuant to Section 4031 4032 to initially provide supplemental food and materials to build lodges, except that the lodges. The department may request, but shall not require tribal governments to require, federally recognized tribes or nonfederally recognized California Native American tribes included on the contact list maintained by the Native American Heritage Commission to provide supplemental food and materials.

SEC. 3.

 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.