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SB-592 Fish and wildlife: working group: catastrophic wildfires: reports.(2021-2022)



Current Version: 03/09/21 - Amended Senate         Compare Versions information image


SB592:v98#DOCUMENT

Amended  IN  Senate  March 09, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 592


Introduced by Senator Dahle

February 18, 2021


An act to amend Section 2080.1 of add Section 702.2 to the Fish and Game Code, relating to fish and wildlife.


LEGISLATIVE COUNSEL'S DIGEST


SB 592, as amended, Dahle. Protected species: incidental take: consistency determinations. Fish and wildlife: working group: catastrophic wildfires: reports.
Existing law establishes the Department of Fish and Wildlife, which is administered through the Director of Fish and Wildlife, and prescribes the functions and responsibilities of the department with regard to the implementation, administration, and enforcement of laws regulating fish and wildlife in the state. Existing law also establishes the Department of Forestry and Fire Protection, which is under the control of the Director of Forestry and Fire Protection, and requires the department to implement and administer various fire prevention and suppression programs on lands under the jurisdiction of the department.
This bill would require the Director of Fish and Wildlife to establish a working group, composed of the director or the director’s representative, the Director of Forestry and Fire Protection or their representative, and a county government representative from each county impacted by any catastrophic wildfire being studied by the workgroup, as described below. The bill would require the working group to study, investigate, and report, on or before December 31, 2022, and by December 31 each year thereafter, to the Legislature on the impacts on wildlife and wildlife habitat resulting from any catastrophic wildfire, as defined, that occurred during that calendar year, including specified information on a catastrophic wildfire’s impact on ecosystems, biodiversity, and protected species in the state. By requiring county government representatives to participate in the working group, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law provides that if any person obtains from the United States Secretary of the Interior or the United States Secretary of Commerce an incidental take statement or incidental take permit pursuant to the federal Endangered Species Act of 1973 that authorizes the taking of an endangered species or threatened species listed pursuant to the federal act that is an endangered species, threatened species, or candidate species pursuant to the California Endangered Species Act, no further authorization or approval is necessary under the California act for that person to take that species, if that person notifies the Director of Fish and Wildlife, as specified, and pays a permit application fee, and the director determines that the statement or permit is consistent with the California act.

This bill would make a nonsubstantive change to this provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 702.2 is added to the Fish and Game Code, to read:

702.2.
 (a) (1) The director shall establish a working group with the primary purpose of performing comprehensive planning and protecting wildlife and wildlife habitat from wildfires.
(2) The working group shall be composed of all of the following persons:
(A) The director or the director’s representative.
(B) The Director of Forestry and Fire Protection or their representative.
(C) A county government representative from each county impacted by any catastrophic wildfire being studied pursuant to subdivision (b).
(b) (1) The working group established pursuant to subdivision (a) shall study, investigate, and report, on or before December 31, 2022, and by December 31 each year thereafter, to the Legislature on the impacts on wildlife and wildlife habitat resulting from any catastrophic wildfire that occurred during that calendar year, including all of the following information:
(A) The catastrophic wildfire’s impact on ecosystems and habitat that support wildlife native to California.
(B) The catastrophic wildfire’s impact on biodiversity in the state, including, but not limited to, areas of conservation emphasis as defined in Section 1851.
(C) The catastrophic wildfire’s impact on any species protected under Chapter 1.5 (commencing with Section 2050) of Division 3, including any endangered species, threatened species, or candidate species.
(2) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(c) For purposes of this section, a “catastrophic wildfire” means a wildfire that has burned 10,000 acres or more of land in the state.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 2080.1 of the Fish and Game Code is amended to read:
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 2, but subject to subdivision (c), if any person obtains from the United States Secretary of the Interior or the United States Secretary of Commerce an incidental take statement pursuant to Section 7 of the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1536) or an incidental take permit pursuant to Section 10 of that federal act (16 U.S.C. Sec. 1539) that authorizes the taking of an endangered species or a threatened species that is listed pursuant to Section 4 of that federal act (16 U.S.C. Sec. 1533) and that is an endangered species, threatened species, or a candidate species pursuant to this chapter, no further authorization or approval is necessary under this chapter for that person to take that endangered species, threatened species, or candidate species identified in, and in accordance with, the incidental take statement or incidental take permit, if that person does all of the following:

(1)Notifies the director in writing that the person has received an incidental take statement or an incidental take permit issued pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).

(2)Includes in the notice to the director a copy of the incidental take statement or incidental take permit.

(3)Includes with the notice payment of the permit application fee required pursuant to Section 2081.2.

(b)Upon receipt of the notice specified in paragraph (1) of subdivision (a), the director shall immediately have published in the General Public Interest section of the California Regulatory Notice Register the receipt of that notice.

(c)Within 30 days after the director has received the notice described in subdivision (a) that an incidental take statement or an incidental take permit has been issued pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the director shall determine whether the incidental take statement or incidental take permit is consistent with this chapter. If the director determines within that 30-day period, based upon substantial evidence, that the incidental take statement or incidental take permit is not consistent with this chapter, then the taking of that species may only be authorized pursuant to this chapter.

(d)The director shall immediately publish the determination made pursuant to subdivision (c) in the General Public Interest section of the California Regulatory Notice Register.

(e)Unless deleted or extended by a later enacted statute that is chaptered before the date this section is repealed, this section shall remain in effect only until, and is repealed on, the effective date of an amendment to Section 7 or Section 10 of the federal Endangered Species Act of 1973 (16 U.S.C. Secs. 1536 and 1539) that alters the requirements for issuing an incidental take statement or an incidental take permit, as applicable.