California Endangered Species Act (CESA)

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The California Department of Fish & Wildlife is the primary agency responsible for the administration of the California Endangered Species Act

The California Endangered Species Act (CESA) was passed in 1970 to protect species from decline and extinction. As in the federal Endangered Species Act (ESA), species can be designated as threatened or endangered. The CESA protects individual organisms and their habitat, and provides compromise between environmentalist and stakeholder interests. The CESA allows for permitted 'incidental take' of protected species with corresponding endangered species plans. The California Department of Fish and Wildlife (CDFW) encourages stakeholders to utilize Habitat Conservation Plans (HCPs) and Natural Community Conservation Plans (NCCPs) to address potential impacts on listed species[1]. The CESA was amended in 1984 and 1997.

History

CESA Text

"...all native species of fishes, amphibians, reptiles, birds, mammals, invertebrates, and plants, and their habitats, threatened with extinction and those experiencing a significant decline which, if not halted, would lead to a threatened or endangered designation, will be protected or preserved. The California Department of Fish and Wildlife will work with all interested persons, agencies and organizations to protect and preserve such sensitive resources and their habitats." [2]


History of Species Protection in California[3]

  • 1909 Non-game birds became protected
  • 1913 Sea otters became protected
  • 1957 Fully protected birds and mammals were introduced into Fish and Game Code
  • 1970 California Endangered Species Act (CESA) enacted to protect rare and endangered species
  • 1970 California Species Preservation Act enacted, criteria developed for "rare" and "endangered" designations, fully protected amphibians, reptiles, and fish introduced to Fish and Game Code
  • 1971 The California Fish and Game Commission declared 42 animals endangered or rare
  • 1977 Native Plant Protection Act (NPPA) enacted
  • 1983 California Environmental Quality Act (CEQA) amended to define and protect rare and endangered species
  • 1984 The CESA was amended to include the following:
    • The classification of "threatened" species replaced the "rare" classification
    • The classification "candidate species" was introduced
    • Plants were now included as possible listed species
    • Incidental take of listed species allowed through memoranda of understanding
  • 1997 The CESA was amended to allow incidental take of listed species through Incidental Take Permits (ITPs), Consistency Determinations (CDs) and Voluntary Local Program (VLP)
  • 2009 Safe Harbor Agreements introduced to Fish and Game Code

Listing Designations[4]

  • Endangered - a native species or subspecies of an animal or plant in serious danger of becoming extinct throughout all or a significant portion of its range
  • Threatened - a native species or subspecies of an animal or plant that is likely to become an endangered species in the future without special protection and management efforts
  • Candidate - a native species or subspecies of an animal or plant that is being reviewed by the CDFW to be listed as an endangered or threatened species, or a species for which the FGC has published a notice of proposed to be listed

Species Listed Under CESA

Petition to List a Species

To begin the listing process, a petition to list a species must be submitted to the California Fish and Game Commission (CFGC). The process to delist a species is the same as the listing process. A petition to list a species requires sufficient scientific information that a petitioned action may be warranted, which includes:

  • The population trend, range, distribution, abundance, and life history of a species
  • The factors affecting the ability of the population to survive and reproduce
  • The degree and immediacy of the threat
  • The impact of existing management efforts
  • Suggestions for future management
  • Habitat necessary for species survival
  • Detailed distribution map
  • Other relevant factors for species survival
  • The availability and sources of the required information[5]

The CDFW can recommend to the CFGC the listing or delisting of a species. If the CDFW makes such a recommendation, it must submit the same information needed for a petition and is treated as a petition with a departmental recommendation.[6]

Listing Process

1. A petition to list a species is received by the CFGC.

2. The CDFW then prepares a petition evaluation report.

  • This report includes a recommendation on whether the petition contains sufficient scientific information that indicates if the petitioned action is warranted

3. After receiving CDFW’s petition evaluation report, the CFGC decides during a public meeting whether the petition will be accepted for consideration.

  • If accepted, the species becomes a candidate species, and the CDFW will create a peer-reviewed status report on the species.

4. After the completion of the CDFW’s status report, the Commission must decide at a public meeting whether the petitioned action is warranted.

  • If the Commission finds that the petitioned action is not warranted, the process ends, and the species is removed from the list of candidate species.
  • If the Commission finds that the petitioned action is warranted, the species is added to the list of threatened or endangered species.

The CFGC can bypass the listing process and adopt a regulation that lists a species if an emergency occurs that poses a significant threat to the continued existence of the species.[7]

Mechanisms of Enforcement

The main mechanisms used to enforce the CESA are:

  1. The encouragement of the use of Habitat Conservation Plans (HCPs)
  2. The use of Incidental Take Permits (ITPs)

Associated Laws and Regulations

Links

References

  1. California Endangered Species Act http://www.dfg.ca.gov/habcon/cesa/
  2. https://www.wildlife.ca.gov/Conservation/CESA
  3. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=90061&inline=1
  4. http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FGC&division=3.&title=&part=&chapter=1.5.&article=1.
  5. https://govt.westlaw.com/calregs/Document/ID161BF00D48011DEBC02831C6D6C108E?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)
  6. http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FGC&division=3.&title=&part=&chapter=1.5.&article=2.
  7. https://wildlife.ca.gov/Conservation/CESA/Listing

Disclaimer

This page may contain student work completed as part of assigned coursework. It may not be accurate. It does not necessary reflect the opinion or policy of CSUMB, its staff, or students.