CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 606Introduced by Assembly Member MathisFebruary 09, 2023 An act to amend Section 2087 of the Fish and Game Code, relating to endangered species. LEGISLATIVE COUNSEL'S DIGESTAB 606, as introduced, Mathis. California Endangered Species Act: accidental take: farms or ranches.Existing law, the California Endangered Species Act, prohibits the taking of an endangered or candidate species, except as provided. Under the act, the Department of Fish and Wildlife may authorize the take of listed species pursuant to an incidental take permit if the take is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, and the issuance of the permit would not jeopardize the continued existence of the species. The act requires the department to adopt regulations for the issuance of incidental take permits. Existing law also generally provides that a violation of the Fish and Game Code is a crime.The act also provides, until January 1, 2024, that the accidental take of a candidate, threatened, or endangered species resulting from an act that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by the act, as provided, and would require a person, when an accidental take is known to occur under these provisions, to report the take to the department within 10 days.This bill would extend indefinitely the above-mentioned exception to the act and the related reporting requirements. By extending the duration of this reporting requirement, the violation of which would be a crime, the 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2087 of the Fish and Game Code is amended to read:2087. (a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee of a farmer or rancher, or an individual otherwise contracted by a farmer or rancher that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter.(b) When an accidental take is known to occur under subdivision (a), the person shall report the take to the department within 10 days.(c) For purposes of this section, accidental means unintended or unforeseen.(d)This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2024, deletes or extends that date.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 606Introduced by Assembly Member MathisFebruary 09, 2023 An act to amend Section 2087 of the Fish and Game Code, relating to endangered species. LEGISLATIVE COUNSEL'S DIGESTAB 606, as introduced, Mathis. California Endangered Species Act: accidental take: farms or ranches.Existing law, the California Endangered Species Act, prohibits the taking of an endangered or candidate species, except as provided. Under the act, the Department of Fish and Wildlife may authorize the take of listed species pursuant to an incidental take permit if the take is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, and the issuance of the permit would not jeopardize the continued existence of the species. The act requires the department to adopt regulations for the issuance of incidental take permits. Existing law also generally provides that a violation of the Fish and Game Code is a crime.The act also provides, until January 1, 2024, that the accidental take of a candidate, threatened, or endangered species resulting from an act that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by the act, as provided, and would require a person, when an accidental take is known to occur under these provisions, to report the take to the department within 10 days.This bill would extend indefinitely the above-mentioned exception to the act and the related reporting requirements. By extending the duration of this reporting requirement, the violation of which would be a crime, the 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 606
Introduced by Assembly Member MathisFebruary 09, 2023
Introduced by Assembly Member Mathis
February 09, 2023
An act to amend Section 2087 of the Fish and Game Code, relating to endangered species.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 606, as introduced, Mathis. California Endangered Species Act: accidental take: farms or ranches.
Existing law, the California Endangered Species Act, prohibits the taking of an endangered or candidate species, except as provided. Under the act, the Department of Fish and Wildlife may authorize the take of listed species pursuant to an incidental take permit if the take is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, and the issuance of the permit would not jeopardize the continued existence of the species. The act requires the department to adopt regulations for the issuance of incidental take permits. Existing law also generally provides that a violation of the Fish and Game Code is a crime.The act also provides, until January 1, 2024, that the accidental take of a candidate, threatened, or endangered species resulting from an act that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by the act, as provided, and would require a person, when an accidental take is known to occur under these provisions, to report the take to the department within 10 days.This bill would extend indefinitely the above-mentioned exception to the act and the related reporting requirements. By extending the duration of this reporting requirement, the violation of which would be a crime, the 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.
Existing law, the California Endangered Species Act, prohibits the taking of an endangered or candidate species, except as provided. Under the act, the Department of Fish and Wildlife may authorize the take of listed species pursuant to an incidental take permit if the take is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, and the issuance of the permit would not jeopardize the continued existence of the species. The act requires the department to adopt regulations for the issuance of incidental take permits. Existing law also generally provides that a violation of the Fish and Game Code is a crime.
The act also provides, until January 1, 2024, that the accidental take of a candidate, threatened, or endangered species resulting from an act that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by the act, as provided, and would require a person, when an accidental take is known to occur under these provisions, to report the take to the department within 10 days.
This bill would extend indefinitely the above-mentioned exception to the act and the related reporting requirements. By extending the duration of this reporting requirement, the violation of which would be a crime, the 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 2087 of the Fish and Game Code is amended to read:2087. (a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee of a farmer or rancher, or an individual otherwise contracted by a farmer or rancher that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter.(b) When an accidental take is known to occur under subdivision (a), the person shall report the take to the department within 10 days.(c) For purposes of this section, accidental means unintended or unforeseen.(d)This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2024, deletes or extends that date.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 2087 of the Fish and Game Code is amended to read:2087. (a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee of a farmer or rancher, or an individual otherwise contracted by a farmer or rancher that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter.(b) When an accidental take is known to occur under subdivision (a), the person shall report the take to the department within 10 days.(c) For purposes of this section, accidental means unintended or unforeseen.(d)This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2024, deletes or extends that date.
SECTION 1. Section 2087 of the Fish and Game Code is amended to read:
### SECTION 1.
2087. (a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee of a farmer or rancher, or an individual otherwise contracted by a farmer or rancher that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter.(b) When an accidental take is known to occur under subdivision (a), the person shall report the take to the department within 10 days.(c) For purposes of this section, accidental means unintended or unforeseen.(d)This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2024, deletes or extends that date.
2087. (a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee of a farmer or rancher, or an individual otherwise contracted by a farmer or rancher that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter.(b) When an accidental take is known to occur under subdivision (a), the person shall report the take to the department within 10 days.(c) For purposes of this section, accidental means unintended or unforeseen.(d)This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2024, deletes or extends that date.
2087. (a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee of a farmer or rancher, or an individual otherwise contracted by a farmer or rancher that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter.(b) When an accidental take is known to occur under subdivision (a), the person shall report the take to the department within 10 days.(c) For purposes of this section, accidental means unintended or unforeseen.(d)This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2024, deletes or extends that date.
2087. (a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee of a farmer or rancher, or an individual otherwise contracted by a farmer or rancher that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter.
(b) When an accidental take is known to occur under subdivision (a), the person shall report the take to the department within 10 days.
(c) For purposes of this section, accidental means unintended or unforeseen.
(d)This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2024, deletes or extends that date.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
### SEC. 2.