California SB 1061

The Western Joshua Tree Conservation Act prohibits any person or public agency from importing into the state, exporting out of the state, or taking, possessing, purchasing, or selling within the state, a western Joshua tree or any part or product of the tree, except as specified. The act authorizes the Department of Fish and Wildlife to permit the taking of a western Joshua tree if specified conditions are met, including, but not limited to, that the permittee mitigates all impacts to, and taking of, the western Joshua tree through measures that are roughly proportional in extent to the impact of the authorized taking of the western Joshua tree. The act authorizes, in lieu of completing the mitigation measures, a permittee to elect to satisfy the mitigation obligation by paying fees pursuant to a specified fee schedule, as provided. Existing law authorizes the department to include permit conditions that require the permittee to relocate one or more of the western Joshua trees, as specified. Existing law requires the department to adopt guidelines and relocation protocols, based on the best available science, to relocate western Joshua trees successfully. This bill would authorize the department to authorize, by permit, and without payment of fees or other mitigation, the relocation of up to 10 individual western Joshua trees from a parcel, as provided. The bill would require a person seeking a relocation permit to submit a permit application to the department and meet certain conditions including, among other conditions, that the tree identified in the application would be relocated within 2.5 kilometers of its original location and that the relocation be consistent with the guidelines and relocation protocols adopted by the department. The bill would require the department to maintain a list of relocation permits issued pursuant to this authority and sufficient information regarding each relocation to be able to assess the success or failure of the relocation and the factors contributing to that success or failure.