Listing of Endangered Species

Fish and Game Code Division 3, Chapter 1.5, Article 2 deals with the list of endangered species in the State of California.

Section 2070 requires the commission to establish a list of endangered species and a list of threatened species. The commission must add or remove species from either list if it finds, upon the receipt of sufficient scientific information pursuant to this article, and based solely upon the best available scientific information, that the action is warranted.

Section 2071 requires the commission to adopt guidelines by which an interested person may petition the commission to add a species to, or to remove a species from either the list of endangered or the list of threatened species.

Section 2071.5 requires the commission to recommend, and the commission to adopt, criteria for determining if a species is endangered or threatened.

Section 2072 requires the petition to be written, be clearly identified as a petition, and clearly indicate the administrative measure recommended.

Section 2072.3 requires the petition, at a minimum, to include sufficient scientific information that a petitioned action may be warranted. Petitions must include specified information.

Section 2072.7 allows the commission to recommend, in the absence of a petition from an interested party, that it add a species to, or remove a species from, either the list of endangered species or the list of threatened species. If it makes a recommendation under this section, the department must include the information specified.

Section 2073 requires the commission, within 10 days of the receipt of a petition from an interested person, to refer the petition to the department.

Section 2073.3 requires the commission to publish a notice in the California Regulatory Notice Register of the receipt of a petition prepared 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. At a minimum, the notice is required to contain at least three specified items.

Section 2073.4 allows a person to submit information to the department relating to the petitioned species during the evaluation of the petition. Within 30 days after receiving information, the department must notify the petitioner regarding its content.

Section 2073.5 requires, within 90 days of receipt of the petition, the department to evaluate the petition on its face and in relation to other relevant information the department possesses or receives, and submit to the commission its written evaluation report with one of the two specified recommendations to the commission.

Upon the request of the director, the commission may grant the department an extension of time, not to exceed 30 days, to allow the department additional time to further analyze and evaluate the petition and complete its evaluation report.

Section 2073.7 authorizes a petitioner to amend a petition at any time prior to the beginning of the meeting held by the commission. However, if the commission determines that the amendment is substantive, the commission is required to resubmit the petition to the department for review, publish notice of the amendment, and renotice or continue any hearing scheduled in order to provide adequate opportunity for public comment.

Section 2074 requires the commission to schedule the petition for consideration at its next available meeting, but not sooner than 30 days after receipt of the petition and public release of the evaluation report, and distribute its pending agenda to interested persons.

Section 2074.2 requires the commission to hold a public hearing on the petition and receive information, written or otherwise, and oral testimony. After the conclusion of oral testimony from the commission and department staff, the petitioner, or any other persons, the commission may close the public hearing and administrative record for the commission’s decision pursuant to this section.

After the commission closes the public hearing, the administrative record for the commission’s decision is closed and it cannot be reopened except as provided.

Section 2074.4 states that, if a petition is accepted by the commission for consideration, all reasonable attempts must be made to notify affected and interested parties and to solicit data and comments on the petitioned action from as many persons as is practicable. In addition to commission efforts to provide notification through distribution of the commission agenda and minutes, the department is required to immediately undertake efforts to notify affected and interested parties. Methods of notification are specified.

Section 2074.6 requires, if the commission accepts a petition for consideration, the department to promptly commence a review of the status of the species concerned in the petition. Within 12 months of the date of publication of a notice of acceptance of a petition for consideration, the department must produce and make publicly available on the department’s internet website a final written peer reviewed report.

The report must be based upon the best scientific information available to the department, which indicates whether the petitioned action is warranted, which includes a preliminary identification of the habitat that may be essential to the continued existence of the species, and which recommends management activities and other recommendations for recovery of the species.

Prior to releasing the final written report, the department is required to have a draft status review report prepared and independently peer reviewed, and upon receiving the peer reviewers’ input, shall evaluate and respond in writing to the independent peer review and amend the draft status review report as appropriate.

Section 2074.8 specifies that this article does not impose any duty or obligation for, or otherwise require, the commission or the department to undertake independent studies or other assessments of any species when reviewing a petition and its attendant documents and comments.

Section 2075 requires the commission to schedule the petition for final consideration at its next available meeting after receipt of the departmental report distribute the pending agenda for that meeting.

Section 2075.5 requires the commission to hold a public hearing on the petition and  receive information, written or otherwise, and oral testimony. After the conclusion of oral testimony from the commission and department staff, the petitioner, or any other person, the commission may close the public hearing and the administrative record for the commission’s decision pursuant to this section.

Section 2076 explains that any finding pursuant to this article is subject to judicial review.

Section 2076.5 allows the commission 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 if the commission finds that there is any emergency posing a significant threat to the continued existence of the species. The commission must notify affected or interested persons of the adoption of the emergency regulation.

Section 2076.7 defines the terms “federally listed species” and “a decrease in endangered or threatened species protections by the federal government.” To ensure no backsliding as a result of a decrease in endangered or threatened species protections by the federal government, the department must take the specified actions.

Section 2077 provides that, upon a specific appropriation of funds by the Legislature, the department must, in the absence of a specific appropriation, review species listed as an endangered species or as a threatened species every five years to determine if the conditions that led to the original listing are still present.

The review is to be conducted based on information that is consistent with the information specified in law and that is the best scientific information available to the department. The review must include specified information.

Review of species that are listed by both the commission and the United States Department of the Interior is to be conducted in conjunction with the five-year review process of the United States Department of the Interior.

Section 2078 states that, in order to provide all interested persons access to information and notification of pending listing or delisting actions, the commission is required to distribute the related agenda of pending actions and those portions of its minutes of actions taken under this article to any individuals who have notified the commission, in writing with their address, of their interest.

Section 2079 requires the department to prepare a report every third year summarizing the status of all state listed endangered, threatened, and candidate species, and post the report on the commission’s Internet Web site. This report must include specified information.

Section 2079.1 provides, upon a specific appropriation of funds by the Legislature, or if funding is otherwise available, the department may develop and implement nonregulatory recovery plans for the conservation and survival of species listed as an endangered species or as a threatened species, unless the department finds that the recovery plan will not promote the conservation of the species.

The department, in developing and implementing recovery plans, is required to give priority to those endangered or threatened species, without regard to taxonomic classification, that are most likely to benefit from a recovery plan, particularly those species populations that are, or may be, significantly affected by anticipated land use changes, climate change, or changes in aquatic conditions. Each recovery plan is based on the best available scientific information and include all of the specified information.