Amended IN Assembly April 21, 2025 Amended IN Assembly March 20, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1319Introduced by Assembly Member SchultzFebruary 21, 2025An 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. 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 statute 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 California native 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.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 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 statute 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 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.(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.
Amended IN Assembly April 21, 2025 Amended IN Assembly March 20, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1319Introduced by Assembly Member SchultzFebruary 21, 2025An 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. 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 statute 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 California native 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly April 21, 2025 Amended IN Assembly March 20, 2025
Amended IN Assembly April 21, 2025
Amended IN Assembly March 20, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1319
Introduced by Assembly Member SchultzFebruary 21, 2025
Introduced by Assembly Member Schultz
February 21, 2025
An act to add and repeal Sections 2017 and 2076.7 of the Fish and Game Code, relating to protected species.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1319, as amended, Schultz. 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 statute 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 California native 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 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 statute 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 California native 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.
## Digest Key
## Bill Text
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 statute 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 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.(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.
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 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 statute 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.
SECTION 1. Section 2017 is added to the Fish and Game Code, to read:
### SECTION 1.
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.(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.
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.(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.
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.(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.
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.
###### 2017.
(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 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.(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. 2. Section 2076.7 is added to the Fish and Game Code, to read:
### SEC. 2.
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.(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.
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.(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.
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.(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.
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.
###### 2076.7.
(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.
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.
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.
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