| Old | New | Differences | |
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| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly March 20, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1319Introduced by Assembly Member SchultzFebruary 21, 2025An act to amend Section 2073.3 of the Fish and Game Code, relating to endangered species. An act to add and repeal Sections 2017 and 2076.7 of the Fish and Game Code, relating to protected species.LEGISLATIVE COUNSEL'S DIGESTAB 1319, as amended, Schultz. Endangered species: listing petition: notice. Protected species: California Endangered Species Act.Existing law makes it unlawful to take a bird, mammal, fish, reptile, or amphibian, except as authorized by law.This bill would make it unlawful for a person in California to transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law, treaty, regulation, policy, or finding of the United States with regard to national or international trade of fish, wildlife, or plants in effect on January 19, 2025. The bill would make these provisions inoperative on December 31, 2031, and would repeal them on January 1, 2032.Under existing law, a violation of the Fish and Game Code is a crime.Because the above provision would be part of the Fish and Game Code, a violation of which would be a crime, this bill would impose a state-mandated local program.The California Endangered Species Act (CESA) requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species pursuant to a prescribed listing process, and generally prohibits the taking of those species. CESA also authorizes the commission to adopt a regulation to list a species as an emergency regulation if it finds that there is any emergency posing a significant threat to the continued existence of the species.This bill would require the commission to consider whether to adopt a regulation to list a species as an emergency regulation if it determines, in consultation with the Department of Fish and Wildlife, that a federal action subsequent to January 19, 2025, under the federal Endangered Species Act of 1973 results in a decrease in protection for that species and listing under CESA could provide protection for that species. If the commission lists a species by emergency regulation, the bill would require the department to promptly commence a status review, and the commission to determine whether to list the species beyond the duration of the emergency. The bill would make these provisions inoperative on December 31, 2031, and would repeal them on January 1, 2032.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, requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species, and requires the department to recommend, and the commission to adopt, criteria for determining if a species is endangered or threatened. Under the act, an interested person may petition the commission to add a species to, or remove a species from, either the list of endangered species or the list of threatened species, and existing law requires the commission to consider the petition at a meeting, as prescribed. The act requires the commission to publish a notice, as prescribed, of the receipt of a petition by the department or by an interested party and referred to the department or the commencement of an evaluation to add a species to, remove a species from, or change the status of a species on, the list of endangered species or the list of threatened species. The act requires the commission to notify interested persons by mail of the notices and to mail a copy of the notice to those persons.This bill would require the commission to post a notice on its internet website at the time that it mails a copy of the notice those persons.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2017 is added to the Fish and Game Code, to read:2017. (a) Unless otherwise authorized under state law, it is unlawful for a person in this state to transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law, treaty, regulation, policy, or finding of the United States with regard to national or international trade of fish, wildlife, or plants in effect on January 19, 2025.(b) Nothing in this section shall prohibit a person from transporting, selling, receiving, acquiring, or purchasing any cannabis or hemp as allowed under state law.(c) (1) This section shall become inoperative on December 31, 2031, and, as of January 1, 2032, is repealed.(2) Notwithstanding paragraph (1), an action brought to enforce this section on or before December 31, 2031, may proceed to final judgment.SEC. 2. Section 2076.7 is added to the Fish and Game Code, to read:2076.7. (a) Notwithstanding Sections 2071 to 2075.5, inclusive, in order to ensure no backsliding as a result of a decrease in endangered or threatened species protections by the federal government, the commission shall consider whether to adopt a regulation that adds a species to the list of endangered species or to the list of threatened species as an emergency regulation pursuant to Chapter 3.5 (commencing with Section 399) of Division 1 if the commission determines, in consultation with the department, that a federal action subsequent to January 19, 2025, under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) results in a decrease in protection for that species and listing under this chapter could provide protection for that species. If the commission lists a species by emergency regulation pursuant to this section, the department shall promptly commence a status review pursuant to Sections 2074.6 and 2074.8, and the commission shall determine whether to list the species beyond the duration of the emergency pursuant to Sections 2075 and 2075.5.(b) A federal action warranting a determination by the commission pursuant to subdivision (a) may include, but is not limited to, a decision by either the United States Fish and Wildlife Service or the National Marine Fisheries Service not to protect a species or to decrease protection to a species listed under the federal Endangered Species Act of 1973 that relies, in whole or in part, upon any amendments to regulations implementing the federal Endangered Species Act of 1973 that occurred after January 19, 2025.(c) In authorizing the take of any species listed under this section during the pendency of the emergency regulation, the commission, in authorizing the take of any species pursuant to Section 2084, or the department, in authorizing the take of any species pursuant to this chapter, may apply the protections provided by any federal biological opinions, incidental take permits, incidental take statements, or rules promulgated under Section 4(d) of the federal Endangered Species Act of 1973, in effect as of January 19, 2025, unless the commission or the department determines that those protections do not satisfy the requirements of this chapter.(d) The department shall monitor and report to the commission at least quarterly with respect to any actions of the federal government that may constitute an emergency as described in this section.(e) For authorizations issued by the department pursuant to subdivision (c), the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply.(f) The Legislature intends that the commission and department will be provided sustainable funding sufficient to fully implement the requirements of this section and resulting obligations.(g) The commission shall notify affected or interested persons of the adoption of any emergency regulation under this section pursuant to the methods described in Section 2074.4.(h) This section is adopted to protect against direct challenges to species protection from the current federal administration and accordingly shall become inoperative on December 31, 2031, and, as of January 1, 2032, is repealed.SEC. 3. 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.SECTION 1.Section 2073.3 of the Fish and Game Code is amended to read:2073.3.(a)The commission shall publish a notice in the California Regulatory Notice Register of the receipt of a petition prepared pursuant to Section 2072.3 by the department, or by an interested party and referred to the department, pursuant to Section 2073, or the commencement of an evaluation, to add a species to, remove a species from, or change the status of a species on, the list of endangered species or the list of threatened species pursuant to Section 2072.7. At a minimum, the notice shall include all of the following:(1)The scientific and common name of the species.(2)Habitat type, if that information is available in the petition.(3)The location where interested persons can submit information to the department relating to the petitioned species.(b)The commission shall notify interested persons pursuant to Section 2078, by mail, of the notices prepared pursuant to subdivision (a), and shall mail a copy of the notice to those persons.(c)The commission shall post a notice prepared pursuant to subdivision (a) on its internet website at the time that it mails a copy of the notice pursuant subdivision (b). | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 20, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1319Introduced by Assembly Member SchultzFebruary 21, 2025An act to amend Section 2073.3 of the Fish and Game Code, relating to endangered species. An act to add and repeal Sections 2017 and 2076.7 of the Fish and Game Code, relating to protected species.LEGISLATIVE COUNSEL'S DIGESTAB 1319, as amended, Schultz. Endangered species: listing petition: notice. Protected species: California Endangered Species Act.Existing law makes it unlawful to take a bird, mammal, fish, reptile, or amphibian, except as authorized by law.This bill would make it unlawful for a person in California to transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law, treaty, regulation, policy, or finding of the United States with regard to national or international trade of fish, wildlife, or plants in effect on January 19, 2025. The bill would make these provisions inoperative on December 31, 2031, and would repeal them on January 1, 2032.Under existing law, a violation of the Fish and Game Code is a crime.Because the above provision would be part of the Fish and Game Code, a violation of which would be a crime, this bill would impose a state-mandated local program.The California Endangered Species Act (CESA) requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species pursuant to a prescribed listing process, and generally prohibits the taking of those species. CESA also authorizes the commission to adopt a regulation to list a species as an emergency regulation if it finds that there is any emergency posing a significant threat to the continued existence of the species.This bill would require the commission to consider whether to adopt a regulation to list a species as an emergency regulation if it determines, in consultation with the Department of Fish and Wildlife, that a federal action subsequent to January 19, 2025, under the federal Endangered Species Act of 1973 results in a decrease in protection for that species and listing under CESA could provide protection for that species. If the commission lists a species by emergency regulation, the bill would require the department to promptly commence a status review, and the commission to determine whether to list the species beyond the duration of the emergency. The bill would make these provisions inoperative on December 31, 2031, and would repeal them on January 1, 2032.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, requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species, and requires the department to recommend, and the commission to adopt, criteria for determining if a species is endangered or threatened. Under the act, an interested person may petition the commission to add a species to, or remove a species from, either the list of endangered species or the list of threatened species, and existing law requires the commission to consider the petition at a meeting, as prescribed. The act requires the commission to publish a notice, as prescribed, of the receipt of a petition by the department or by an interested party and referred to the department or the commencement of an evaluation to add a species to, remove a species from, or change the status of a species on, the list of endangered species or the list of threatened species. The act requires the commission to notify interested persons by mail of the notices and to mail a copy of the notice to those persons.This bill would require the commission to post a notice on its internet website at the time that it mails a copy of the notice those persons.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly April 21, 2025 Amended IN Assembly March 20, 2025 | |
| 6 | - | ||
| 7 | - | Amended IN Assembly April 21, 2025 | |
| 8 | 5 | Amended IN Assembly March 20, 2025 | |
| 9 | 6 | ||
| 10 | - | ||
| 7 | + | Amended IN Assembly March 20, 2025 | |
| 11 | 8 | ||
| 12 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 13 | 10 | ||
| 14 | 11 | Assembly Bill | |
| 15 | 12 | ||
| 16 | 13 | No. 1319 | |
| 17 | 14 | ||
| 18 | 15 | Introduced by Assembly Member SchultzFebruary 21, 2025 | |
| 19 | 16 | ||
| 20 | 17 | Introduced by Assembly Member Schultz | |
| 21 | 18 | February 21, 2025 | |
| 22 | 19 | ||
| 23 | - | ||
| 24 | - | ||
| 25 | - | An act to add and repeal Sections 2017 and 2076.7 of the Fish and Game Code, relating to protected species. | |
| 20 | + | An act to amend Section 2073.3 of the Fish and Game Code, relating to endangered species. An act to add and repeal Sections 2017 and 2076.7 of the Fish and Game Code, relating to protected species. | |
| 26 | 21 | ||
| 27 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 23 | ||
| 29 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 25 | ||
| 31 | - | AB 1319, as amended, Schultz. Protected species: California Endangered Species Act. | |
| 26 | + | AB 1319, as amended, Schultz. Endangered species: listing petition: notice. Protected species: California Endangered Species Act. | |
| 32 | 27 | ||
| 33 | - | Existing law makes it unlawful to take a bird, mammal, fish, reptile, or amphibian, except as authorized by law.This bill would make it unlawful for a person in California to transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law, treaty, regulation, policy, or finding | |
| 28 | + | Existing law makes it unlawful to take a bird, mammal, fish, reptile, or amphibian, except as authorized by law.This bill would make it unlawful for a person in California to transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law, treaty, regulation, policy, or finding of the United States with regard to national or international trade of fish, wildlife, or plants in effect on January 19, 2025. The bill would make these provisions inoperative on December 31, 2031, and would repeal them on January 1, 2032.Under existing law, a violation of the Fish and Game Code is a crime.Because the above provision would be part of the Fish and Game Code, a violation of which would be a crime, this bill would impose a state-mandated local program.The California Endangered Species Act (CESA) requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species pursuant to a prescribed listing process, and generally prohibits the taking of those species. CESA also authorizes the commission to adopt a regulation to list a species as an emergency regulation if it finds that there is any emergency posing a significant threat to the continued existence of the species.This bill would require the commission to consider whether to adopt a regulation to list a species as an emergency regulation if it determines, in consultation with the Department of Fish and Wildlife, that a federal action subsequent to January 19, 2025, under the federal Endangered Species Act of 1973 results in a decrease in protection for that species and listing under CESA could provide protection for that species. If the commission lists a species by emergency regulation, the bill would require the department to promptly commence a status review, and the commission to determine whether to list the species beyond the duration of the emergency. The bill would make these provisions inoperative on December 31, 2031, and would repeal them on January 1, 2032.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, requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species, and requires the department to recommend, and the commission to adopt, criteria for determining if a species is endangered or threatened. Under the act, an interested person may petition the commission to add a species to, or remove a species from, either the list of endangered species or the list of threatened species, and existing law requires the commission to consider the petition at a meeting, as prescribed. The act requires the commission to publish a notice, as prescribed, of the receipt of a petition by the department or by an interested party and referred to the department or the commencement of an evaluation to add a species to, remove a species from, or change the status of a species on, the list of endangered species or the list of threatened species. The act requires the commission to notify interested persons by mail of the notices and to mail a copy of the notice to those persons.This bill would require the commission to post a notice on its internet website at the time that it mails a copy of the notice those persons. | |
| 34 | 29 | ||
| 35 | 30 | Existing law makes it unlawful to take a bird, mammal, fish, reptile, or amphibian, except as authorized by law. | |
| 36 | 31 | ||
| 37 | - | This bill would make it unlawful for a person in California to transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law, treaty, regulation, policy, or finding | |
| 32 | + | This bill would make it unlawful for a person in California to transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law, treaty, regulation, policy, or finding of the United States with regard to national or international trade of fish, wildlife, or plants in effect on January 19, 2025. The bill would make these provisions inoperative on December 31, 2031, and would repeal them on January 1, 2032. | |
| 38 | 33 | ||
| 39 | 34 | Under existing law, a violation of the Fish and Game Code is a crime. | |
| 40 | 35 | ||
| 41 | 36 | Because the above provision would be part of the Fish and Game Code, a violation of which would be a crime, this bill would impose a state-mandated local program. | |
| 42 | 37 | ||
| 43 | 38 | The California Endangered Species Act (CESA) requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species pursuant to a prescribed listing process, and generally prohibits the taking of those species. CESA also authorizes the commission to adopt a regulation to list a species as an emergency regulation if it finds that there is any emergency posing a significant threat to the continued existence of the species. | |
| 44 | 39 | ||
| 45 | - | This bill would require the commission to consider whether to adopt a regulation to list a | |
| 40 | + | This bill would require the commission to consider whether to adopt a regulation to list a species as an emergency regulation if it determines, in consultation with the Department of Fish and Wildlife, that a federal action subsequent to January 19, 2025, under the federal Endangered Species Act of 1973 results in a decrease in protection for that species and listing under CESA could provide protection for that species. If the commission lists a species by emergency regulation, the bill would require the department to promptly commence a status review, and the commission to determine whether to list the species beyond the duration of the emergency. The bill would make these provisions inoperative on December 31, 2031, and would repeal them on January 1, 2032. | |
| 46 | 41 | ||
| 47 | 42 | 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. | |
| 48 | 43 | ||
| 49 | 44 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 50 | 45 | ||
| 46 | + | Existing law, the California Endangered Species Act, requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species, and requires the department to recommend, and the commission to adopt, criteria for determining if a species is endangered or threatened. Under the act, an interested person may petition the commission to add a species to, or remove a species from, either the list of endangered species or the list of threatened species, and existing law requires the commission to consider the petition at a meeting, as prescribed. The act requires the commission to publish a notice, as prescribed, of the receipt of a petition by the department or by an interested party and referred to the department or the commencement of an evaluation to add a species to, remove a species from, or change the status of a species on, the list of endangered species or the list of threatened species. The act requires the commission to notify interested persons by mail of the notices and to mail a copy of the notice to those persons. | |
| 47 | + | ||
| 48 | + | ||
| 49 | + | ||
| 50 | + | This bill would require the commission to post a notice on its internet website at the time that it mails a copy of the notice those persons. | |
| 51 | + | ||
| 52 | + | ||
| 53 | + | ||
| 51 | 54 | ## Digest Key | |
| 52 | 55 | ||
| 53 | 56 | ## Bill Text | |
| 54 | 57 | ||
| 55 | - | The people of the State of California do enact as follows:SECTION 1. Section 2017 is added to the Fish and Game Code, to read:2017. (a) Unless otherwise authorized under state law, it is unlawful for a person in this state to transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law, treaty, regulation, policy, or finding | |
| 58 | + | The people of the State of California do enact as follows:SECTION 1. Section 2017 is added to the Fish and Game Code, to read:2017. (a) Unless otherwise authorized under state law, it is unlawful for a person in this state to transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law, treaty, regulation, policy, or finding of the United States with regard to national or international trade of fish, wildlife, or plants in effect on January 19, 2025.(b) Nothing in this section shall prohibit a person from transporting, selling, receiving, acquiring, or purchasing any cannabis or hemp as allowed under state law.(c) (1) This section shall become inoperative on December 31, 2031, and, as of January 1, 2032, is repealed.(2) Notwithstanding paragraph (1), an action brought to enforce this section on or before December 31, 2031, may proceed to final judgment.SEC. 2. Section 2076.7 is added to the Fish and Game Code, to read:2076.7. (a) Notwithstanding Sections 2071 to 2075.5, inclusive, in order to ensure no backsliding as a result of a decrease in endangered or threatened species protections by the federal government, the commission shall consider whether to adopt a regulation that adds a species to the list of endangered species or to the list of threatened species as an emergency regulation pursuant to Chapter 3.5 (commencing with Section 399) of Division 1 if the commission determines, in consultation with the department, that a federal action subsequent to January 19, 2025, under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) results in a decrease in protection for that species and listing under this chapter could provide protection for that species. If the commission lists a species by emergency regulation pursuant to this section, the department shall promptly commence a status review pursuant to Sections 2074.6 and 2074.8, and the commission shall determine whether to list the species beyond the duration of the emergency pursuant to Sections 2075 and 2075.5.(b) A federal action warranting a determination by the commission pursuant to subdivision (a) may include, but is not limited to, a decision by either the United States Fish and Wildlife Service or the National Marine Fisheries Service not to protect a species or to decrease protection to a species listed under the federal Endangered Species Act of 1973 that relies, in whole or in part, upon any amendments to regulations implementing the federal Endangered Species Act of 1973 that occurred after January 19, 2025.(c) In authorizing the take of any species listed under this section during the pendency of the emergency regulation, the commission, in authorizing the take of any species pursuant to Section 2084, or the department, in authorizing the take of any species pursuant to this chapter, may apply the protections provided by any federal biological opinions, incidental take permits, incidental take statements, or rules promulgated under Section 4(d) of the federal Endangered Species Act of 1973, in effect as of January 19, 2025, unless the commission or the department determines that those protections do not satisfy the requirements of this chapter.(d) The department shall monitor and report to the commission at least quarterly with respect to any actions of the federal government that may constitute an emergency as described in this section.(e) For authorizations issued by the department pursuant to subdivision (c), the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply.(f) The Legislature intends that the commission and department will be provided sustainable funding sufficient to fully implement the requirements of this section and resulting obligations.(g) The commission shall notify affected or interested persons of the adoption of any emergency regulation under this section pursuant to the methods described in Section 2074.4.(h) This section is adopted to protect against direct challenges to species protection from the current federal administration and accordingly shall become inoperative on December 31, 2031, and, as of January 1, 2032, is repealed.SEC. 3. 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.SECTION 1.Section 2073.3 of the Fish and Game Code is amended to read:2073.3.(a)The commission shall publish a notice in the California Regulatory Notice Register of the receipt of a petition prepared pursuant to Section 2072.3 by the department, or by an interested party and referred to the department, pursuant to Section 2073, or the commencement of an evaluation, to add a species to, remove a species from, or change the status of a species on, the list of endangered species or the list of threatened species pursuant to Section 2072.7. At a minimum, the notice shall include all of the following:(1)The scientific and common name of the species.(2)Habitat type, if that information is available in the petition.(3)The location where interested persons can submit information to the department relating to the petitioned species.(b)The commission shall notify interested persons pursuant to Section 2078, by mail, of the notices prepared pursuant to subdivision (a), and shall mail a copy of the notice to those persons.(c)The commission shall post a notice prepared pursuant to subdivision (a) on its internet website at the time that it mails a copy of the notice pursuant subdivision (b). | |
| 56 | 59 | ||
| 57 | 60 | The people of the State of California do enact as follows: | |
| 58 | 61 | ||
| 59 | 62 | ## The people of the State of California do enact as follows: | |
| 60 | 63 | ||
| 61 | - | SECTION 1. Section 2017 is added to the Fish and Game Code, to read:2017. (a) Unless otherwise authorized under state law, it is unlawful for a person in this state to transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law, treaty, regulation, policy, or finding | |
| 64 | + | SECTION 1. Section 2017 is added to the Fish and Game Code, to read:2017. (a) Unless otherwise authorized under state law, it is unlawful for a person in this state to transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law, treaty, regulation, policy, or finding of the United States with regard to national or international trade of fish, wildlife, or plants in effect on January 19, 2025.(b) Nothing in this section shall prohibit a person from transporting, selling, receiving, acquiring, or purchasing any cannabis or hemp as allowed under state law.(c) (1) This section shall become inoperative on December 31, 2031, and, as of January 1, 2032, is repealed.(2) Notwithstanding paragraph (1), an action brought to enforce this section on or before December 31, 2031, may proceed to final judgment. | |
| 62 | 65 | ||
| 63 | 66 | SECTION 1. Section 2017 is added to the Fish and Game Code, to read: | |
| 64 | 67 | ||
| 65 | 68 | ### SECTION 1. | |
| 66 | 69 | ||
| 67 | - | 2017. (a) Unless otherwise authorized under state law, it is unlawful for a person in this state to transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law, treaty, regulation, policy, or finding | |
| 70 | + | 2017. (a) Unless otherwise authorized under state law, it is unlawful for a person in this state to transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law, treaty, regulation, policy, or finding of the United States with regard to national or international trade of fish, wildlife, or plants in effect on January 19, 2025.(b) Nothing in this section shall prohibit a person from transporting, selling, receiving, acquiring, or purchasing any cannabis or hemp as allowed under state law.(c) (1) This section shall become inoperative on December 31, 2031, and, as of January 1, 2032, is repealed.(2) Notwithstanding paragraph (1), an action brought to enforce this section on or before December 31, 2031, may proceed to final judgment. | |
| 68 | 71 | ||
| 69 | - | 2017. (a) Unless otherwise authorized under state law, it is unlawful for a person in this state to transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law, treaty, regulation, policy, or finding | |
| 72 | + | 2017. (a) Unless otherwise authorized under state law, it is unlawful for a person in this state to transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law, treaty, regulation, policy, or finding of the United States with regard to national or international trade of fish, wildlife, or plants in effect on January 19, 2025.(b) Nothing in this section shall prohibit a person from transporting, selling, receiving, acquiring, or purchasing any cannabis or hemp as allowed under state law.(c) (1) This section shall become inoperative on December 31, 2031, and, as of January 1, 2032, is repealed.(2) Notwithstanding paragraph (1), an action brought to enforce this section on or before December 31, 2031, may proceed to final judgment. | |
| 70 | 73 | ||
| 71 | - | 2017. (a) Unless otherwise authorized under state law, it is unlawful for a person in this state to transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law, treaty, regulation, policy, or finding | |
| 74 | + | 2017. (a) Unless otherwise authorized under state law, it is unlawful for a person in this state to transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law, treaty, regulation, policy, or finding of the United States with regard to national or international trade of fish, wildlife, or plants in effect on January 19, 2025.(b) Nothing in this section shall prohibit a person from transporting, selling, receiving, acquiring, or purchasing any cannabis or hemp as allowed under state law.(c) (1) This section shall become inoperative on December 31, 2031, and, as of January 1, 2032, is repealed.(2) Notwithstanding paragraph (1), an action brought to enforce this section on or before December 31, 2031, may proceed to final judgment. | |
| 72 | 75 | ||
| 73 | - | 2017. (a) Unless otherwise authorized under state law, it is unlawful for a person in this state to transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law, treaty, regulation, policy, or finding statute of the United States with regard to national or international trade of fish, wildlife, or plants in effect on January 19, 2025. | |
| 74 | 76 | ||
| 75 | - | ###### 2017. | |
| 77 | + | ||
| 78 | + | 2017. (a) Unless otherwise authorized under state law, it is unlawful for a person in this state to transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law, treaty, regulation, policy, or finding of the United States with regard to national or international trade of fish, wildlife, or plants in effect on January 19, 2025. | |
| 76 | 79 | ||
| 77 | 80 | (b) Nothing in this section shall prohibit a person from transporting, selling, receiving, acquiring, or purchasing any cannabis or hemp as allowed under state law. | |
| 78 | 81 | ||
| 79 | 82 | (c) (1) This section shall become inoperative on December 31, 2031, and, as of January 1, 2032, is repealed. | |
| 80 | 83 | ||
| 81 | 84 | (2) Notwithstanding paragraph (1), an action brought to enforce this section on or before December 31, 2031, may proceed to final judgment. | |
| 82 | 85 | ||
| 83 | - | SEC. 2. Section 2076.7 is added to the Fish and Game Code, to read:2076.7. (a) Notwithstanding Sections 2071 to 2075.5, inclusive, in order to ensure no backsliding as a result of a decrease in endangered or threatened species protections by the federal government, the commission shall consider whether to adopt a regulation that adds a | |
| 86 | + | SEC. 2. Section 2076.7 is added to the Fish and Game Code, to read:2076.7. (a) Notwithstanding Sections 2071 to 2075.5, inclusive, in order to ensure no backsliding as a result of a decrease in endangered or threatened species protections by the federal government, the commission shall consider whether to adopt a regulation that adds a species to the list of endangered species or to the list of threatened species as an emergency regulation pursuant to Chapter 3.5 (commencing with Section 399) of Division 1 if the commission determines, in consultation with the department, that a federal action subsequent to January 19, 2025, under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) results in a decrease in protection for that species and listing under this chapter could provide protection for that species. If the commission lists a species by emergency regulation pursuant to this section, the department shall promptly commence a status review pursuant to Sections 2074.6 and 2074.8, and the commission shall determine whether to list the species beyond the duration of the emergency pursuant to Sections 2075 and 2075.5.(b) A federal action warranting a determination by the commission pursuant to subdivision (a) may include, but is not limited to, a decision by either the United States Fish and Wildlife Service or the National Marine Fisheries Service not to protect a species or to decrease protection to a species listed under the federal Endangered Species Act of 1973 that relies, in whole or in part, upon any amendments to regulations implementing the federal Endangered Species Act of 1973 that occurred after January 19, 2025.(c) In authorizing the take of any species listed under this section during the pendency of the emergency regulation, the commission, in authorizing the take of any species pursuant to Section 2084, or the department, in authorizing the take of any species pursuant to this chapter, may apply the protections provided by any federal biological opinions, incidental take permits, incidental take statements, or rules promulgated under Section 4(d) of the federal Endangered Species Act of 1973, in effect as of January 19, 2025, unless the commission or the department determines that those protections do not satisfy the requirements of this chapter.(d) The department shall monitor and report to the commission at least quarterly with respect to any actions of the federal government that may constitute an emergency as described in this section.(e) For authorizations issued by the department pursuant to subdivision (c), the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply.(f) The Legislature intends that the commission and department will be provided sustainable funding sufficient to fully implement the requirements of this section and resulting obligations.(g) The commission shall notify affected or interested persons of the adoption of any emergency regulation under this section pursuant to the methods described in Section 2074.4.(h) This section is adopted to protect against direct challenges to species protection from the current federal administration and accordingly shall become inoperative on December 31, 2031, and, as of January 1, 2032, is repealed. | |
| 84 | 87 | ||
| 85 | 88 | SEC. 2. Section 2076.7 is added to the Fish and Game Code, to read: | |
| 86 | 89 | ||
| 87 | 90 | ### SEC. 2. | |
| 88 | 91 | ||
| 89 | - | 2076.7. (a) Notwithstanding Sections 2071 to 2075.5, inclusive, in order to ensure no backsliding as a result of a decrease in endangered or threatened species protections by the federal government, the commission shall consider whether to adopt a regulation that adds a | |
| 92 | + | 2076.7. (a) Notwithstanding Sections 2071 to 2075.5, inclusive, in order to ensure no backsliding as a result of a decrease in endangered or threatened species protections by the federal government, the commission shall consider whether to adopt a regulation that adds a species to the list of endangered species or to the list of threatened species as an emergency regulation pursuant to Chapter 3.5 (commencing with Section 399) of Division 1 if the commission determines, in consultation with the department, that a federal action subsequent to January 19, 2025, under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) results in a decrease in protection for that species and listing under this chapter could provide protection for that species. If the commission lists a species by emergency regulation pursuant to this section, the department shall promptly commence a status review pursuant to Sections 2074.6 and 2074.8, and the commission shall determine whether to list the species beyond the duration of the emergency pursuant to Sections 2075 and 2075.5.(b) A federal action warranting a determination by the commission pursuant to subdivision (a) may include, but is not limited to, a decision by either the United States Fish and Wildlife Service or the National Marine Fisheries Service not to protect a species or to decrease protection to a species listed under the federal Endangered Species Act of 1973 that relies, in whole or in part, upon any amendments to regulations implementing the federal Endangered Species Act of 1973 that occurred after January 19, 2025.(c) In authorizing the take of any species listed under this section during the pendency of the emergency regulation, the commission, in authorizing the take of any species pursuant to Section 2084, or the department, in authorizing the take of any species pursuant to this chapter, may apply the protections provided by any federal biological opinions, incidental take permits, incidental take statements, or rules promulgated under Section 4(d) of the federal Endangered Species Act of 1973, in effect as of January 19, 2025, unless the commission or the department determines that those protections do not satisfy the requirements of this chapter.(d) The department shall monitor and report to the commission at least quarterly with respect to any actions of the federal government that may constitute an emergency as described in this section.(e) For authorizations issued by the department pursuant to subdivision (c), the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply.(f) The Legislature intends that the commission and department will be provided sustainable funding sufficient to fully implement the requirements of this section and resulting obligations.(g) The commission shall notify affected or interested persons of the adoption of any emergency regulation under this section pursuant to the methods described in Section 2074.4.(h) This section is adopted to protect against direct challenges to species protection from the current federal administration and accordingly shall become inoperative on December 31, 2031, and, as of January 1, 2032, is repealed. | |
| 90 | 93 | ||
| 91 | - | 2076.7. (a) Notwithstanding Sections 2071 to 2075.5, inclusive, in order to ensure no backsliding as a result of a decrease in endangered or threatened species protections by the federal government, the commission shall consider whether to adopt a regulation that adds a | |
| 94 | + | 2076.7. (a) Notwithstanding Sections 2071 to 2075.5, inclusive, in order to ensure no backsliding as a result of a decrease in endangered or threatened species protections by the federal government, the commission shall consider whether to adopt a regulation that adds a species to the list of endangered species or to the list of threatened species as an emergency regulation pursuant to Chapter 3.5 (commencing with Section 399) of Division 1 if the commission determines, in consultation with the department, that a federal action subsequent to January 19, 2025, under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) results in a decrease in protection for that species and listing under this chapter could provide protection for that species. If the commission lists a species by emergency regulation pursuant to this section, the department shall promptly commence a status review pursuant to Sections 2074.6 and 2074.8, and the commission shall determine whether to list the species beyond the duration of the emergency pursuant to Sections 2075 and 2075.5.(b) A federal action warranting a determination by the commission pursuant to subdivision (a) may include, but is not limited to, a decision by either the United States Fish and Wildlife Service or the National Marine Fisheries Service not to protect a species or to decrease protection to a species listed under the federal Endangered Species Act of 1973 that relies, in whole or in part, upon any amendments to regulations implementing the federal Endangered Species Act of 1973 that occurred after January 19, 2025.(c) In authorizing the take of any species listed under this section during the pendency of the emergency regulation, the commission, in authorizing the take of any species pursuant to Section 2084, or the department, in authorizing the take of any species pursuant to this chapter, may apply the protections provided by any federal biological opinions, incidental take permits, incidental take statements, or rules promulgated under Section 4(d) of the federal Endangered Species Act of 1973, in effect as of January 19, 2025, unless the commission or the department determines that those protections do not satisfy the requirements of this chapter.(d) The department shall monitor and report to the commission at least quarterly with respect to any actions of the federal government that may constitute an emergency as described in this section.(e) For authorizations issued by the department pursuant to subdivision (c), the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply.(f) The Legislature intends that the commission and department will be provided sustainable funding sufficient to fully implement the requirements of this section and resulting obligations.(g) The commission shall notify affected or interested persons of the adoption of any emergency regulation under this section pursuant to the methods described in Section 2074.4.(h) This section is adopted to protect against direct challenges to species protection from the current federal administration and accordingly shall become inoperative on December 31, 2031, and, as of January 1, 2032, is repealed. | |
| 92 | 95 | ||
| 93 | - | 2076.7. (a) Notwithstanding Sections 2071 to 2075.5, inclusive, in order to ensure no backsliding as a result of a decrease in endangered or threatened species protections by the federal government, the commission shall consider whether to adopt a regulation that adds a | |
| 96 | + | 2076.7. (a) Notwithstanding Sections 2071 to 2075.5, inclusive, in order to ensure no backsliding as a result of a decrease in endangered or threatened species protections by the federal government, the commission shall consider whether to adopt a regulation that adds a species to the list of endangered species or to the list of threatened species as an emergency regulation pursuant to Chapter 3.5 (commencing with Section 399) of Division 1 if the commission determines, in consultation with the department, that a federal action subsequent to January 19, 2025, under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) results in a decrease in protection for that species and listing under this chapter could provide protection for that species. If the commission lists a species by emergency regulation pursuant to this section, the department shall promptly commence a status review pursuant to Sections 2074.6 and 2074.8, and the commission shall determine whether to list the species beyond the duration of the emergency pursuant to Sections 2075 and 2075.5.(b) A federal action warranting a determination by the commission pursuant to subdivision (a) may include, but is not limited to, a decision by either the United States Fish and Wildlife Service or the National Marine Fisheries Service not to protect a species or to decrease protection to a species listed under the federal Endangered Species Act of 1973 that relies, in whole or in part, upon any amendments to regulations implementing the federal Endangered Species Act of 1973 that occurred after January 19, 2025.(c) In authorizing the take of any species listed under this section during the pendency of the emergency regulation, the commission, in authorizing the take of any species pursuant to Section 2084, or the department, in authorizing the take of any species pursuant to this chapter, may apply the protections provided by any federal biological opinions, incidental take permits, incidental take statements, or rules promulgated under Section 4(d) of the federal Endangered Species Act of 1973, in effect as of January 19, 2025, unless the commission or the department determines that those protections do not satisfy the requirements of this chapter.(d) The department shall monitor and report to the commission at least quarterly with respect to any actions of the federal government that may constitute an emergency as described in this section.(e) For authorizations issued by the department pursuant to subdivision (c), the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply.(f) The Legislature intends that the commission and department will be provided sustainable funding sufficient to fully implement the requirements of this section and resulting obligations.(g) The commission shall notify affected or interested persons of the adoption of any emergency regulation under this section pursuant to the methods described in Section 2074.4.(h) This section is adopted to protect against direct challenges to species protection from the current federal administration and accordingly shall become inoperative on December 31, 2031, and, as of January 1, 2032, is repealed. | |
| 94 | 97 | ||
| 95 | - | 2076.7. (a) Notwithstanding Sections 2071 to 2075.5, inclusive, in order to ensure no backsliding as a result of a decrease in endangered or threatened species protections by the federal government, the commission shall consider whether to adopt a regulation that adds a California native species to the list of endangered species or to the list of threatened species as an emergency regulation pursuant to Chapter 3.5 (commencing with Section 399) of Division 1 if the commission determines, in consultation with the department, that a federal action subsequent to January 19, 2025, under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) results in a decrease in protection for that species and listing under this chapter could provide protection for that species. If the commission lists a species by emergency regulation pursuant to this section, the department shall promptly commence a status review pursuant to Sections 2074.6 and 2074.8, and the commission shall determine whether to list the species beyond the duration of the emergency pursuant to Sections 2075 and 2075.5. | |
| 96 | 98 | ||
| 97 | - | ###### 2076.7. | |
| 99 | + | ||
| 100 | + | 2076.7. (a) Notwithstanding Sections 2071 to 2075.5, inclusive, in order to ensure no backsliding as a result of a decrease in endangered or threatened species protections by the federal government, the commission shall consider whether to adopt a regulation that adds a species to the list of endangered species or to the list of threatened species as an emergency regulation pursuant to Chapter 3.5 (commencing with Section 399) of Division 1 if the commission determines, in consultation with the department, that a federal action subsequent to January 19, 2025, under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) results in a decrease in protection for that species and listing under this chapter could provide protection for that species. If the commission lists a species by emergency regulation pursuant to this section, the department shall promptly commence a status review pursuant to Sections 2074.6 and 2074.8, and the commission shall determine whether to list the species beyond the duration of the emergency pursuant to Sections 2075 and 2075.5. | |
| 98 | 101 | ||
| 99 | 102 | (b) A federal action warranting a determination by the commission pursuant to subdivision (a) may include, but is not limited to, a decision by either the United States Fish and Wildlife Service or the National Marine Fisheries Service not to protect a species or to decrease protection to a species listed under the federal Endangered Species Act of 1973 that relies, in whole or in part, upon any amendments to regulations implementing the federal Endangered Species Act of 1973 that occurred after January 19, 2025. | |
| 100 | 103 | ||
| 101 | 104 | (c) In authorizing the take of any species listed under this section during the pendency of the emergency regulation, the commission, in authorizing the take of any species pursuant to Section 2084, or the department, in authorizing the take of any species pursuant to this chapter, may apply the protections provided by any federal biological opinions, incidental take permits, incidental take statements, or rules promulgated under Section 4(d) of the federal Endangered Species Act of 1973, in effect as of January 19, 2025, unless the commission or the department determines that those protections do not satisfy the requirements of this chapter. | |
| 102 | 105 | ||
| 103 | 106 | (d) The department shall monitor and report to the commission at least quarterly with respect to any actions of the federal government that may constitute an emergency as described in this section. | |
| 104 | 107 | ||
| 105 | 108 | (e) For authorizations issued by the department pursuant to subdivision (c), the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply. | |
| 106 | 109 | ||
| 107 | 110 | (f) The Legislature intends that the commission and department will be provided sustainable funding sufficient to fully implement the requirements of this section and resulting obligations. | |
| 108 | 111 | ||
| 109 | 112 | (g) The commission shall notify affected or interested persons of the adoption of any emergency regulation under this section pursuant to the methods described in Section 2074.4. | |
| 110 | 113 | ||
| 111 | 114 | (h) This section is adopted to protect against direct challenges to species protection from the current federal administration and accordingly shall become inoperative on December 31, 2031, and, as of January 1, 2032, is repealed. | |
| 112 | 115 | ||
| 113 | 116 | SEC. 3. 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. | |
| 114 | 117 | ||
| 115 | 118 | SEC. 3. 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. | |
| 116 | 119 | ||
| 117 | 120 | SEC. 3. 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. | |
| 118 | 121 | ||
| 119 | 122 | ### SEC. 3. | |
| 123 | + | ||
| 124 | + | ||
| 125 | + | ||
| 126 | + | ||
| 127 | + | ||
| 128 | + | (a)The commission shall publish a notice in the California Regulatory Notice Register of the receipt of a petition prepared pursuant to Section 2072.3 by the department, or by an interested party and referred to the department, pursuant to Section 2073, or the commencement of an evaluation, to add a species to, remove a species from, or change the status of a species on, the list of endangered species or the list of threatened species pursuant to Section 2072.7. At a minimum, the notice shall include all of the following: | |
| 129 | + | ||
| 130 | + | ||
| 131 | + | ||
| 132 | + | (1)The scientific and common name of the species. | |
| 133 | + | ||
| 134 | + | ||
| 135 | + | ||
| 136 | + | (2)Habitat type, if that information is available in the petition. | |
| 137 | + | ||
| 138 | + | ||
| 139 | + | ||
| 140 | + | (3)The location where interested persons can submit information to the department relating to the petitioned species. | |
| 141 | + | ||
| 142 | + | ||
| 143 | + | ||
| 144 | + | (b)The commission shall notify interested persons pursuant to Section 2078, by mail, of the notices prepared pursuant to subdivision (a), and shall mail a copy of the notice to those persons. | |
| 145 | + | ||
| 146 | + | ||
| 147 | + | ||
| 148 | + | (c)The commission shall post a notice prepared pursuant to subdivision (a) on its internet website at the time that it mails a copy of the notice pursuant subdivision (b). |