Endangered Species Law & Policy

Assemblyman Jared Huffman has introduced Assembly Bill 2420 (PDF) to amend the provisions of the California Endangered Species Act (CESA) that allow persons who obtain incidental take authorization under the federal Endangered Species Act (ESA), to also obtain take authorization from the Director of the California Department of Fish and Game for species listed under both laws, provided the Director determines that such federal take authorization is consistent with CESA.

AB 2420 would revise section 2080.1 of the California Fish and Game Code. As presently written, that section requires persons that seek consistency determinations to provide the Director with either an incidental take statement issued pursuant to section 7 of the ESA or an incidental take permit issued under section 10 of the ESA. AB 2420 would require persons that seek consistency determinations to provide the Director with both a biological opinion and incidental take statement or a conservation plan and incidental take permit as well as notice of the required measures in those documents that fulfill the incidental take permitting requirements set forth in section 2081(b) of CESA. Furthermore, AB 2420 would require the Director to determine whether notice provided by the person seeking a consistency determination is complete within seven days of receipt. In the event notice is incomplete, the Director would be required to provide an immediate, written response. In the event notice is complete, the Director would have 30 days to make a consistency determination.

On March 23, 2010, the Committee on Water, Parks, and Wildlife is scheduled to hold a hearing on AB 2420.