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State environmental policy
U.S. environmental policy
Endangered species policy
State endangered species
Federal land policy
Environmental terms

Endangered species policy in California involves the identification and protection ofendangered and threatened animal and plant species. Policies are implemented and enforced by both the state and federal governments.

See the tabs below for further information:

1. Background: This tab provides contextual information about the Endangered Species Act and key terms and concepts.
2. Listed species: This tab provides information about endangered and threatened animal and plant species in California; information about the process of listing a species as endangered or threatened is also provided.
3. Provisions: This tab provides information about legal provisions relating to private and governmental activities.
4. Governance: This tab provides information about federal and state agencies and, where applicable, state laws.

Background

Overview

See also:History of the Endangered Species Act

The federalEndangered Species Act (ESA) of 1973 provides for the identification, listing, and protection of boththreatened and endangered species and their habitats. According to theU.S. Fish and Wildlife Service, the law was designed to prevent the extinction of vulnerable plant and animal species through the development of recovery plans and the protection ofcritical habitats.ESA administration and enforcement are the responsibility of theU.S. Fish and Wildlife Service and the National Marine Fisheries Service.^[1][2]

The law authorizes theSecretary of the Interior to allocate funds to states for assisting in the recovery of threatened and endangered species. The law also created the Cooperative Endangered Species Conservation Fund to award grants to states for voluntary projects on non-federal lands.

The law mandates that states adopt their own endangered and threatened species management programs subject to approval by the federal government. The law requires states to do the following:^[3][4][3]

1. Conserve the species of fish or wildlife determined by the state or federal government to be endangered or threatened
2. Create conservation programs for all species of fish or wildlife identified by the federal government as endangered or threatened and provide detailed plans for these programs to theU.S. Department of Commerce
3. Be authorized by theU.S. Fish and Wildlife Service to conduct investigations to determine the status and requirements for survival of resident species of fish and wildlife
4. Be authorized before establishing programs to acquire land or aquatic habitats for conserving endangered or threatened species

Key federal ESA terms

See also:Glossary of Endangered Species Act terms

• Candidate species: Animal and plant species for which theU.S. Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS) has sufficient information to propose them as endangered or threatened, but for which a proposed listing has not been processed because of higher priority listings.
• Critical habitat: Specific geographic areas, whether occupied by listed species or not, that are determined to be essential for the conservation and management of listed species.^[5]
• Delisting: The process of removing an animal or plant species from the threatened or endangered species list upon a determination that threats against it have been sufficiently reduced or eliminated.^[6]
• Endangered species: The classification provided to an animal or plant in danger of extinction within the foreseeable future throughout all or a significant portion of its range.^[7]
• Listed species: Species, subspecies, or a distinct vertebrate population segment that has been added to the federal lists of Endangered and Threatened Wildlife and Plants.^[8]
• Range: The geographic area a species is known or anticipated to occupy.^[9]
• Species recovery: The elimination or reduction in threats to an animal or plant species' survival. Once a species has recovered, it is removed from the federal list ofendangered species.^[10]
• Taking a species: Taking a species generally includes causing any harm to a federally protected animal or plant species. Any individual that knowingly takes a listed species can be fined up to $25,000 by the federal government for each violation or instance. The text of the law outlining federal penalties can be accessedhere.^[11]
• Threatened species: Any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.

Listed species

Federally listed species in California

There were 305 endangered and threatened animal and plant species believed to or known to occur in California as of July 2016.^[12]

The table below lists the 122 endangered and threatened animal species believed to or known to occur in the state. The word "entire" after a name indicates that the species occurs throughout the state.

The table below lists the 183 endangered and threatened plant species believed to or known to occur in the state.^[12]

The United States contained 2,389 species protected under the Endangered Species Act as of July 2016 (this includes the 50 states but not U.S. territories). The map below displays the number of species protected under theEndangered Species Act in each state as of July 2016.^[13]

State-listed species in California

The California Fish and Game Commission manages a state list ofendangered and threatened species. Under theCalifornia Endangered Species Act (of which there are two versions, passed in 1970 and 1984), the state created the categories of endangered and threatened, "a classification system similar to used in federal law. Before 1984, threatened species in California were classified as rare.

As of July 2016, California listed 240 endangered and threatened animal and plant species on its own list, including 180 endangered species and 60 threatened species. California was home to more endangered plant species (132) than endangered animal species.^[14][15]

Listing a species

Before a species is added to the federal threatened and endangered list, it is first placed on a list of candidate species. This placement happens in two ways. Thepublic may petition to list a species, or biologists at theU.S. Fish and Wildlife Service (FWS) may study a species whose population is thought to be declining and decide themselves whether the species qualifies as a candidate. The law stipulates that FWS scientists must useaccurate scientific information collected from several sources to back their candidate decisions.

The U.S. Fish and Wildlife Service applies five criteria to label a species as endangered or threatened:

If one or more of these criteria are met, the agency can begin action to protect the species and its habitat.

Petitioning to list a species

See also:Listing petition

The California condor has been on the U.S. Fish and Wildlife Service's list of endangered species since 1967.

Any citizen or group may petition the federal government to list a species asendangered or threatened. The process occurs as follows:^[17][18]

1. Petitioners submit information on the biology, distribution, and threats to a species. TheU.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA) Fisheries Office generally must respond to a petition within 90 days.
2. Within one year of receiving the petition, the agencies must publish a finding on whether listing a particular species is warranted.
3. If the agencies do not meet these timelines, citizens and groups are permitted under the Endangered Species Act to sue the agencies to enforce the timelines so that the species receives federal protection.
4. When a species is listed, the government is required to review its status every five years.

Delisting a species

See also:Delisting a species

The gray whale, which migrates south off the California coast, was removed from the federal endangered species list in 1994 due to recovery.

Delisting is the process of removing the endangered or threatened status of species. Downlisting is a reclassification of status by theU.S. Fish and Wildlife Service or the National Oceanic and Atmospheric Administration (NOAA) from endangered to threatened. When the service delists or downlists a species, this generally means that the recovery or conservation of a species has been successful. To delist a species, the agencies must determine that the species is not threatened based on population size, stability of habitat quality and quantity, and control or elimination of threats to the species. Species are also delisted if they become extinct.^[19][20][21]

As of July 2016, 63 endangered or threatened species had been delisted. Of those species, 34 were delisted due to recovery, 19 species were listed in error (for scientific reasons or because new information about a species was discovered), and 10 species went extinct.^[19]

Provisions

See also:Private property and the Endangered Species Act

Taking a species

TheEndangered Species Act makes thetaking of an animal on the endangered or threatened species list illegal. According to the act, totake is to "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct." TheU.S. Fish and Wildlife Service further definesharm to mean "an act which actually kills or injures wildlife." According to the act,harassment of a species is defined as "an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering." State governments may apply further restrictions on the taking of an endangered or threatened species. Any individual that knowingly takes a listed species can be fined up to $25,000 by the federal government for each violation. The text of the law outlining federal penalties can be accessedhere.^{[4][22][23][24]}

Federal law prohibits individuals from engaging in interstate or foreign commerce with a federally protected plant species. Federal law also prohibitstaking (e.g., moving, damaging or destroying) a protected plant on federal property. However, individuals may take, move, damage, or destroy a federally protected plant on private land, unless a state law prohibits such activity.^[25]

Private activities requiring permits

In addition to taking a species, delivering, receiving, selling, purchasing, or transporting a threatened or endangered animal species is prohibited without a permit, whether the species is alive or dead. Permits are also required for individual or group activities that involve interfering with a species' habitat. Individuals engaging in activities that might result in the taking of a protected species must abide by a Habitat Conservation Plan (HCP), which includes information on how to mitigate or minimize any impacts to the species or its habitat.^[26]

Regional offices of theU.S. Fish and Wildlife Service (FWS) issue incidental take permits. An incidental take permit is required if an activity may result in thetaking of a threatened or endangered species. Those who apply for this permit must submit a habitat conservation plan to the proper federal or state authority ensuring that the effects of taking the species will be minimized and mitigated.

According to the U.S. Fish and Wildlife Service, nearly half of all federally protectedthreatened and endangered species have at least 80 percent of their habitats on private land. This means that private landowners, which include private citizens, businesses, and organizations, must cooperate with federal agencies to conserve listed species.^[27]

Private parties may be required to work with the Fish and Wildlife Service in the following ways:

• Habitat Conservation Plans (HCPs) are implemented by non-federal groups (state governments, private individuals, and groups) in consultation with the Fish and Wildlife Service. The plans are required in order to obtain incidental take permits. Habitat Conservation Plans contain information on the predicted effects oftaking a species, how these effects will be minimized or mitigated, and how the plan will be funded. Meanwhile, the U.S. Fish and Wildlife Service attempts to assure property owners that they will not face additional land restrictions beyond those outlined in their Habitat Conservation Plans. The plans can be applied to listed species, candidate species, species proposed for listing, and non-listed species (usually for the purpose of preventing future listing).^[28]
• Candidate Conservation Agreements are made by the Fish and Wildlife Service with non-federal property owners to provide incentives for conserving candidate species so that they are not listed as endangered or threatened.^[29]

Affected governmental activities

Federal law requires conservation programs for all listed endangered and threatened species and their habitats. This requirement can affect all federal agencies.

• Consultations are partnerships between the Fish and Wildlife Service and federal agencies. Federal law requires all federal agencies to participate in conserving listed species, stipulating that agency activities must not be "likely to jeopardize the continued existence of listed species or adversely modify designated critical habitats." Consultations can involve recovering the habitats of listed species, addressing threats to listed species from federal programs or actions, and coordinating projects and resources between federal agencies. Examples of federal activities that require require consultations includeoil andnatural gas drilling onfederal land, offshore drilling in areas owned by the federal government, and oil and gas activities affectingwetlands or otherwaters of the United States.^[30][31]
• Recovery is a process to halt the decline of endangered or threatened populations by removing or reducing threats. In its recovery efforts, the Fish and Wildlife Service collaborates with federal, state, and local agencies, as well as conservation groups, businesses, private individuals, and volunteers. According to the Fish and Wildlife Service, recovery plans are implemented "to stabilize, recover, and ultimately delist" threatened and endangered species.^[32]

California permits

Under California law, individuals who possess incidental take permits or enhancement of survival permits under federal law must notify the California Department of Fish and Wildlife before taking any further action; however, individuals do not need a state-specific permit if they already hold a federal permit. California law also allows taking, possessing, or importing protected plant species for scientific, educational or management purposes. The California Department of Fish and Wildlife provides these permits mostly for botanical surveys, research, or recovery activities for plants protected under state law.^[33]

Under California law, individuals who take an endangered or threatened species without a permit are liable for up to $10,000 in fines for each endangered or threatened species that was taken, transported, received, purchased, acquired, or sold. These penalties are levied addition to federal penalties.^[34]

Governance

The California gnatcatcher was the recipient of $5.5 million in federal grants in 2014 for land acquisition and habitat protection.

Federal and state agencies

• TheU.S. Fish and Wildlife Service (FWS) is a federal agency responsible for theEndangered Species Act. The agency recovers and conserves endangered or threatened species. The agency also classifies endangered or threatened species. The agency's enacted budget for fiscal year 2014 totaled $2.79 billion.^[35][36]
• The California Department of Fish and Wildlife oversees theconservation of California fish and wildlife, including endangered species. The department is also responsible for regulating non-native species and their possession and sale, designating certain lands and waters as protected areas, and listing and delisting threatened and endangered species under the California Endangered Species Act.^[37][38]

Federal grants

The table shows the amounts that California received under the federal Endangered Species Conservation Fund Project. These grants were given to fund Habitat Conservation Plans (HCP) and land acquisition.

2015

2014

The table shows the amount in federal grants California received under the federal Endangered Species Conservation Fund Project in 2014. These grants were given to fund Habitat Conservation Plans (HCP) and land acquisition. Click the [Show] button to see all 2014 federal grants for California.

State laws

• The California Endangered Species Act (CESA) was adopted in 1970, three years prior to the adoption of the federalEndangered Species Act. The law provided for state protection of "all native species of fishes, amphibians, reptiles, birds, mammals, invertebrates, and plants, and their habitats" that are threatened with extinction or that could experience severe population decline without state intervention. The law is enforced and administered by the California Department of Fish and Wildlife.^[39]
• The Native Plant Protection Act (1977) granted the California Department of Fish and Wildlife the authority "to preserve, protect, and enhance native plants." The law also permitted the California Fish and Game Commission to designate plants as threatened, rare, or endangered and to issue permits for individuals desiring to collect, transport, or sell such plants.^[39]

Recent news

The link below is to the most recent stories in a Google news search for the termsCalifornia endangered species. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also

• 

  Environmental policy in the U.S.

• 

  Energy policy in California

• 

  Environmental policy in California

• Environmental policy in California
• Endangered Species Act
• Implementation of the Endangered Species Act
• U.S. Fish and Wildlife Service
• Endangered species

External links

• Text of the Endangered Species Act
• U.S. Fish and Wildlife Service website
• U.S. National Oceanic and Atmospheric Service
• California Department of Fish and Wildlife
• California Fish and Wildlife Commission

Footnotes

v • e Environmental Policy Background Environmental policy in the United States •Clean Air Act •Clean Water Act •Conservation •Endangered Species Act •U.S. Environmental Protection Agency •Enforcement at the EPA •Glossary of environmental terms •Energy and environmental news Energy and environmental news January 2015 •February 2015 •March 2015 •April 2015 •May 2015 •June 2015 •July 2015 •August 2015 •September 2015 •October 2015 •November 2015 •December 2015 Environmental terms Air pollutants •Air Quality Index •BLM grazing permit •Carbon dioxide •Carbon footprint •Clean Air Act •Clean Water Act •Climate change • ConservAmerica •Cross State Air Pollution Rule •Deep ecology •Ecology •Endangered species •Implementation of the Endangered Species Act •Environmental chemistry •Environmental engineering •Environmental health •Environmental restoration •Environmental science •Federal land •Fracking •Greenhouse effect •Greenhouse gas •Ground-level ozone standards •Ground water •Hazardous air pollutant •Intergovernmental Panel on Climate Change •Keystone XL •Mercury and air toxics standards •Municipal solid waste •National Ambient Air Quality Standards •National Pollutant Discharge Elimination System •National Priorities List of Superfund sites • National Wildlife Federation •Natural resources •Nonpoint source of water pollution •Oil •Ozone •Pesticide •Petroleum •Point source of water pollution •Public water system •Radioactive waste •Renewable energy resources •Renewable Portfolio Standards •Solar energy •State park •Superfund •Traditional energy resources •U.S. Bureau of Land Management •U.S. Environmental Protection Agency • •U.S. Fish and Wildlife Service •U.S. Forest Service •U.S. Geological Survey •Wastewater treatment •Water quality criteria •Wetland •Wilderness Act •Wilderness Society •Wind energy Endangered species terms Candidate species •Critical habitat •Delisting •Distinct population segment •Endangered species •Listed species •Listing a species •Listing petition •Species recovery •Taking a species Environmental policy by state Alabama •Alaska •Arizona •Arkansas •California •Colorado •Connecticut •Delaware •Florida •Georgia •Hawaii •Idaho •Illinois •Indiana •Iowa •Kansas •Kentucky •Louisiana •Maine •Maryland •Massachusetts •Michigan •Minnesota •Mississippi •Missouri •Montana •Nebraska •Nevada •New Hampshire •New Jersey •New Mexico •New York •North Carolina •North Dakota •Ohio •Oklahoma •Oregon •Pennsylvania •Rhode Island •South Carolina •South Dakota •Tennessee •Texas •Utah •Vermont •Virginia •Washington •West Virginia •Wisconsin •Wyoming Endangered species policy Costs of listing a species •Delisting a species •Endangered Species Act litigation •Endangered species policy in the United States •Endangered Species Act litigation •History of the Endangered Species Act •Private property and the Endangered Species Act •Science and the Endangered Species Act •Success rate of the Endangered Species Act •Transparency and the Endangered Species Act Endangered species policy by state Alabama •Alaska •Arizona •Arkansas •California •Colorado •Connecticut •Delaware •Florida •Georgia •Hawaii •Idaho •Illinois •Indiana •Iowa •Kansas •Kentucky •Louisiana •Maine •Maryland •Massachusetts •Michigan •Minnesota •Mississippi •Missouri •Montana •Nebraska •Nevada •New Hampshire •New Jersey •New Mexico •New York •North Carolina •North Dakota •Ohio •Oklahoma •Oregon •Pennsylvania •Rhode Island •South Carolina •South Dakota •Tennessee •Texas •Utah •Vermont •Virginia •Washington •West Virginia •Wisconsin •Wyoming Environmental statistics Payments in lieu of taxes •Land ownership by state •Grazing permits on BLM lands •Federal land ownership by state •BLM oil and gas permits by state •Environmental spending in the 50 states •Greenhouse gas emissions by state •Superfund sites in the United States •National Park Visitor Spending Effects Report Endangered species statistics Endangered species by state •Endangered animals by state •Endangered plants by state •Delisted species •Top 20 federally funded species •Land acquisition funding for endangered species •Federal endangered species grants by state