Legislative record

Western Joshua Tree Conservation Act: fees.

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 requires the department to annually adjust the fees, as specified. This bill would require the department to consider making the fees proportionate to the impact of a project and the use of tiered fees by project type, size, or other criteria. This bill would incorporate additional changes to Section 1927.8 of the Fish and Game Code proposed by AB 1808 to be operative only if this bill and AB 1808 are enacted and this bill is enacted last.