California Endangered Species Act

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In 1970 California became one of the first states in the U.S. to implement an act that conserves and protects endangered species and their environments. The California Endangered Species Act (CESA) declares that "all native species of fishes, amphibians, reptiles, birds, mammals, and plants, and their habitats, threatened with extinction and those experiencing a significant decline which, if not halted, would lead to a threatened or endangered designation, will be protected or preserved." [1]

Contents

In California the Department of Fish and Wildlife oversees CESA and makes sure that citizens are following laws/regulations that are in place. They also have a huge impact on what species are added to CESA as they survey species populations in the wild. The Department of Fish and Wildlife issues citation to violators, fines of up to $50,000 and/or one year imprisonment for crimes involving endangered species, and fines of up to $25,000 and/or six months imprisonment for crimes involving threatened species.

History

In 1970, California was one of the first states to officially create statutory schemes for protecting endangered wildlife and environments. This was completed earlier than the Federal Government’s Endangered Species Act; ESA, which was mandated in 1973. However, according to the chronologies listed by the Department of Fish and Wildlife, California began preservation and protection statutes in 1909 when non-game birds were first protected. In 1957, rules were devised to prevent the “taking” of animals or plants under protection. The term “to take” is basically defined as removing, harming, or killing the protected species. However, the California Endangered Species Act (CESA) explicitly defines 'take' as not including the terms 'harm' or harass', while these terms do appear in the federal ESA definition of 'take'. This has been interpreted to mean that in California, 'take' of a listed species must involve mortality, as opposed to habitat alteration that adversely impacts the listed species.

The year 1970 brought about two major California enactments: the California Species Preservation Act, and the California Endangered Species Act. The Species Preservation Act tasked the Department with creating an inventory of all fish and wildlife that could be considered rare or endangered. The list was to be reported to the Legislature along with suggestions on methods for protection. The California Endangered Species Act put into effect the Department’s authority to determine the designation under which wildlife was labeled as “rare” or “endangered” and provided restrictions on the importing and moving of those species except by permit. At the time, this Act did not include plants or invertebrates.

In 1984, CESA was amended and became a more complex Act that determined it the state’s responsibility to preserve and protect endangered species. The amendment to CESA now included plant and invertebrate species and also announced the intention to purchase lands for preservation of protected species. Mitigation and enhancement methods were also introduced. In 1997, CESA was amended again to allow the “incidental taking” of protected species beyond the original ruling of scientific and educational purposes only. This has been cause for some controversy.

CESA process overview

While CESA is considered effective, the multitude of agencies working within the framework of CESA can lead to poor communication and effectiveness due to entities working at cross purposes, which ultimately leads to less protection and poorer use of time and resources for conservation programming. [2] [3] [4]

Listing

The listing process includes procedures for individuals, organizations or the California Department of Fish and Wildlife. Petitions can be submitted to the Department for a species, subspecies, or variety of any plant or animal to add, delete, or note a change in status on the list of endangered or threatened species. The petitions will be handled by the Habitat Conservation Planning Branch. The process includes reviewing a region where the species is in habitation, conducting a visit to where the species is, and presenting a report. After 90 days of the petition, the Habitat Conservation Planning Branch sends the report to the director for approval. If the petition is approved the species becomes a candidate species.

As of March, 2015, CESA listed 49 animals as Endangered and another 37 as Threatened. An additional 4 species are candidates for listing as either threatened or endangered. No species are proposed for delisting. [5] As of April, 2015 CESA listed 132 land plant species as Endangered, 22 as Threatened, and 64 as Rare. No species are currently candidates for listing. [6]

At the state level, as of April 2023 CESA lists 54 animals as Endangered and another 43 as Threatened, together with 89 federally listed Endangered animals and 46 federally listed Threatened animals. [7] As of the same date, there are 137 state-listed Endangered plants and 21 state-listed Threatened plants, in addition to 131 federally listed Endangered Species and 51 federally listed Threatened plants. [8]

Comparison to similar laws

California's endangered species act is considered superior to similar acts enacted in other states due to its comprehensive design, [9] its involvement in the pursuit of prevention, and for its cooperative relationships with programs such as Natural Community Conservation Planning (NCCP). [10]

Litigation

In 2018, public interest groups petitioned to list four species of bumblebee as endangered in California, and this was initially approved; [11] however, in 2019 this decision was challenged by a petition filed in trial court, and the trial court granted the petition, agreeing with the plaintiffs that the law did not grant authority to list insects as endangered. This decision was then appealed, and the California Court of Appeal in May of 2022 upheld that bumblebees (and all other invertebrates) are protected under the CESA, because (1) the statute has since 1984 explicitly listed invertebrates under the law's definition of fish ("a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals" [11] ), and the legal definition overrides any other definition, even for a common colloquial term like "fish", and (2) the Act originally included one terrestrial invertebrate, and therefore it was demonstrably intentional that terrestrial invertebrates (including bees) are meant to be granted protection; the trial court's decision was therefore summarily reversed. [12] In September of 2022, California’s Supreme Court denied review of a further petition filed to appeal the Court of Appeal's May decision; the Supreme Court’s decision not to review the petition for appeal allows the Court of Appeal’s earlier ruling to stand. [13] [14]

The Supreme Court lets the decision stand that bees can be protected by the California Endangered Species Act. [15]

Related Research Articles

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Threatened species are any species which are vulnerable to extinction in the near future. Species that are threatened are sometimes characterised by the population dynamics measure of critical depensation, a mathematical measure of biomass related to population growth rate. This quantitative metric is one method of evaluating the degree of endangerment.

<span class="mw-page-title-main">Endangered Species Act of 1973</span> United States law

The Endangered Species Act of 1973 is the primary law in the United States for protecting imperiled species. Designed to protect critically imperiled species from extinction as a "consequence of economic growth and development untempered by adequate concern and conservation", the ESA was signed into law by President Richard Nixon on December 28, 1973. The Supreme Court of the United States described it as "the most comprehensive legislation for the preservation of endangered species enacted by any nation". The purposes of the ESA are two-fold: to prevent extinction and to recover species to the point where the law's protections are not needed. It therefore "protect[s] species and the ecosystems upon which they depend" through different mechanisms. For example, section 4 requires the agencies overseeing the Act to designate imperiled species as threatened or endangered. Section 9 prohibits unlawful ‘take,’ of such species, which means to "harass, harm, hunt..." Section 7 directs federal agencies to use their authorities to help conserve listed species. The Act also serves as the enacting legislation to carry out the provisions outlined in The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Supreme Court found that "the plain intent of Congress in enacting" the ESA "was to halt and reverse the trend toward species extinction, whatever the cost." The Act is administered by two federal agencies, the United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS). FWS and NMFS have been delegated by the Act with the authority to promulgate any rules and guidelines within the Code of Federal Regulations (CFR) to implement its provisions.

<span class="mw-page-title-main">Xerces Society</span> Non-profit conservation organization

The Xerces Society for Invertebrate Conservation is a non-profit environmental organization that focuses on the conservation of invertebrates considered to be essential to biological diversity and ecosystem health. It is named in honor of an extinct California butterfly, the Xerces blue.

<span class="mw-page-title-main">Conservation status</span> Indication of the chance of a species extinction, regardless of authority used

The conservation status of a group of organisms indicates whether the group still exists and how likely the group is to become extinct in the near future. Many factors are taken into account when assessing conservation status: not simply the number of individuals remaining, but the overall increase or decrease in the population over time, breeding success rates, and known threats. Various systems of conservation status are in use at international, multi-country, national and local levels, as well as for consumer use such as sustainable seafood advisory lists and certification. The two international systems are by the International Union for Conservation of Nature IUCN and The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

Tennessee Valley Authority v. Hiram Hill et al., or TVA v. Hill, 437 U.S. 153 (1978), was a United States Supreme Court case and the Court's first interpretation of the Endangered Species Act of 1973. After the discovery of the snail darter fish in the Little Tennessee River in August 1973, a lawsuit was filed alleging that the Tennessee Valley Authority (TVA)'s Tellico Dam construction was in violation of the Endangered Species Act. Plaintiffs argued dam construction would destroy critical habitat and endanger the population of snail darters. It was decided by a 6-3 vote, in which the U.S. Supreme Court ruled in favor of Hill, et al. and granted an injunction stating that there would be conflict between Tellico Dam operation and the explicit provisions of Section 7 of the Endangered Species Act.

<span class="mw-page-title-main">Defenders of Wildlife</span>

Defenders of Wildlife is a 501(c)(3) non-profit conservation organization based in the United States. It works to protect all native animals and plants throughout North America in their natural communities.

<i>Hesperia dacotae</i> Species of butterfly

Hesperia dacotae, the Dakota skipper, is a small to medium-sized North American butterfly. It has a wingspan of approximately one inch and the antennae form a hook. The male's wings are a tawny-orange to brown on the forewings with a prominent mark and dusty yellow on the lower part of the wing. The female wing is a darker brown orange and white spots on the forewing margin.

<span class="mw-page-title-main">Center for Biological Diversity</span> Nonprofit organization that works to protect endangered species

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<span class="mw-page-title-main">Mission blue butterfly habitat conservation</span>

The U.S. Fish and Wildlife Service (USFWS) has a number of programs aimed at Mission blue butterfly habitat conservation, which include lands traditionally inhabited by the Mission blue butterfly, an endangered species. A recovery plan, drawn up by the U.S. Fish and Wildlife Service in 1984, outlined the need to protect Mission blue habitat and to repair habitat damaged by urbanization, off highway vehicle traffic, and invasion by exotic, non-native plants. An example of the type of work being done by governmental and citizen agencies can be found at the Marin Headlands in the Golden Gate National Recreation Area. In addition, regular wildfires have opened new habitat conservation opportunities as well as damaging existing ones.

<span class="mw-page-title-main">Umbrella species</span>

Umbrella species are species selected for making conservation-related decisions, typically because protecting these species indirectly protects the many other species that make up the ecological community of its habitat. Species conservation can be subjective because it is hard to determine the status of many species. The umbrella species is often either a flagship species whose conservation benefits other species or a keystone species which may be targeted for conservation due to its impact on an ecosystem. Umbrella species can be used to help select the locations of potential reserves, find the minimum size of these conservation areas or reserves, and to determine the composition, structure, and processes of ecosystems.

<i>Pyrgus ruralis lagunae</i> Subspecies of the two-banded checkered skipper (Pyrgus ruralis)

Pyrgus ruralis lagunae, the Laguna Mountains skipper, is a butterfly of the family Hesperiidae. It is a subspecies of Pyrgus ruralis.

<span class="mw-page-title-main">Endangered species</span> Species of organisms facing a very high risk of extinction

An endangered species is a species that is very likely to become extinct in the near future, either worldwide or in a particular political jurisdiction. Endangered species may be at risk due to factors such as habitat loss, poaching and invasive species. The International Union for Conservation of Nature (IUCN) Red List lists the global conservation status of many species, and various other agencies assess the status of species within particular areas. Many nations have laws that protect conservation-reliant species which, for example, forbid hunting, restrict land development, or create protected areas. Some endangered species are the target of extensive conservation efforts such as captive breeding and habitat restoration.

<i>Bombus suckleyi</i> Species of bee

Bombus suckleyi is a species of bumblebee known commonly as Suckley's cuckoo bumblebee, named after biologist George Suckley. Suckley's bumble bee is a generalist pollinator and represents a rare group of obligate, parasitic bumble bees. Suckley's bumble bee is a social-parasite because it invades the nests of the host bumble bees, including the western bumble bee, and relies on host species workers to provision its larvae. It is native to northwestern North America, including Alaska and parts of western and central Canada and the western United States.

<i>Bombus occidentalis</i> Species of bee

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<span class="mw-page-title-main">Franklin's bumblebee</span> Species of bee

Franklin's bumblebee is known to be one of the most narrowly distributed bumblebee species, making it a critically endangered bee of the western United States. It is known only from a 190-by-70-mile area in southern Oregon and northern California, between the Coast and Sierra-Cascade mountain ranges. It was last seen in 2006. Franklin's bumblebee is known to collect nectar and pollen from several wildflowers, such as lupine, California poppy, and horsemint, which causes it to be classified as a generalist forager.

<i>Sierra Club v. Babbitt</i> United States District Court case

Sierra Club v. Babbitt, 15 F. Supp. 2d 1274, is a United States District Court for the Southern District of Alabama case in which the Sierra Club and several other environmental organizations and private citizens challenged the United States Fish and Wildlife Service (FWS). Plaintiffs filed action seeking declaratory injunctive relief regarding two incidental take permits (ITPs) issued by the FWS for the construction of two isolated high-density housing complexes in habitat of the endangered Alabama beach mouse. The District Court ruled that the FWS must reconsider its decision to allow high-density development on the Alabama coastline that might harm the endangered Alabama beach mouse. The District Court found that the FWS violated both the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA) by permitting construction on the dwindling beach mouse habitat.

List of threatened and endangered arthropods, including insects, arachnids, and crustaceans under the United States Endangered Species Act as of October 2013.

<i>Speyeria zerene hippolyta</i> Subspecies of butterfly

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<i>Bombus crotchii</i> North American bee species

Bombus crotchii, commonly called Crotch's bumblebee, is a species of bumblebee named after the entomologist George Robert Crotch. It is classified as endangered due to the impacts of pesticides, climate change, and human development.

<span class="mw-page-title-main">Santa Clara Valley Habitat Conservation Plan</span>

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References

  1. ↑ "California Endangered Species Act (CESA)".
  2. ↑ Manthripragada, Dhananjay (August 1, 2006). "Species Protection Versus State Agency Autonomy: Who Wins Under the California Endangered Species Act?". The Environmental Law Reporter. Archived from the original on 2015-06-21. Retrieved 20 June 2015.
  3. ↑ Henson, Paul, Improving Implementation of the Endangered Species Act: Finding Common Ground Through Sense, Bio Science, 2018. https://proxylib.msjc.edu:3773/ehost/detail/detail?vid=3&sid=293f491f-a75b-485b-97f8-4e5ae3d44fa5@redis&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ==#AN=133091380&db=a9h
  4. ↑ Schwartz, Mark W., The Performance of the Endangered Species Act, Annual Review of Ecology, 2008. https://proxylib.msjc.edu:2059/stable/30245164?searchText=California+endangered+species+act&searchUri=/action/doBasicSearch?Query=California+endangered+species+act&ab_segments=0/basic_search_gsv2/control&refreqid=fastly-default:080252dea1804641a2a295dc90556c63&seq=9
  5. ↑ "STATE & FEDERALLY LISTED ENDANGERED & THREATENED ANIMALS OF CALIFORNIA" (PDF). Department of Fish and Wildlife. California Department of Fish and Wildlife. Archived from the original (PDF) on 21 June 2015. Retrieved 20 June 2015.
  6. ↑ "STATE & FEDERALLY LISTED ENDANGERED, THREATENED, AND RARE PLANTS OF CALIFORNIA" (PDF). Archived from the original (PDF) on 21 June 2015. Retrieved 20 June 2015.
  7. ↑ https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=109405&inline
  8. ↑ https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=109390&inline
  9. ↑ Baur, Donald; Irvin, Wm. Robert (2010). Endangered Species Act: Law, Policy, and Perspectives (PDF) (2nd ed.). Chapter 16, State Endangered Species Acts, by Susan George and William J Snape, III: American Bar Association. pp. 345–359. ISBN   978-1-60442-580-2 . Retrieved 20 June 2015.{{cite book}}: CS1 maint: location (link)
  10. ↑ Arha, Kaush; Thompson, Barton H. (2011). The Endangered Species Act and Federalism: Effective Conservation through Greater State Commitment. RFF Press. ISBN   978-1933115948.
  11. 1 2 Weiland P. 2019. Fish and Game Commission Adds Four Bumble Bees to Candidate List. Endangered Species Law and Policy. https://www.endangeredspecieslawandpolicy.com/fish-and-game-commission-adds-four-bumble-bees-to-candidate-list
  12. ↑ "ALMOND ALLIANCE OF CALIFORNIA et al., v. FISH AND GAME COMMISSION et al" (PDF). May 31, 2022.
  13. ↑ Xerces news release
  14. ↑ CA Supreme Court's denial of review
  15. ↑ Jepsen Sarina, California Supreme Court Lets Decision Stand..., Xerces Society Blog, September 2022. https://www.xerces.org/press/california-supreme-court-lets-decision-stand-that-bees-can-be-protected-by-california
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