Cal. FGC § 2076.7 — California Code / Code fgc / Division 3 / Chapter 1.5 / Article 2 / Section 2076.7
Section 2076.7
Status: in_force

(a) For the purposes of this section only, “federally listed species” means any species, subspecies, distinct population segment, or evolutionarily significant unit that is native to California, that was, as of January 1, 2025, listed or was a candidate for listing under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), and that is not currently protected under Chapter 1.5 (commencing with Section 2050) of Division 3.

(b) For purposes of this section only, “a decrease in endangered or threatened species protections by the federal government” shall mean any action that satisfies both of the following:

(1) That is an act of the United States Congress to amend the federal Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), a rulemaking or amendment to regulations by either the United States Fish and Wildlife Service or the National Marine Fisheries Service, an executive order by the President of the United States, or an action by the Endangered Species Committee, established by Section 1536(e) of Title 16 of the United States Code.

(2) That reduces the level of protection provided to one or more federally listed species by, among other actions, delisting a species, changing the listing status of a species from endangered to threatened, eliminating or changing the prohibitions on take, or decreasing the amount of mitigation required for permits or other approvals.

(c) To ensure no backsliding as a result of a decrease in endangered or threatened species protections by the federal government, the department shall take the following actions:

(1) The department shall monitor actions by the United States Congress, the United States Fish and Wildlife Service, the National Marine Fisheries Service, the President of the United States, and the Endangered Species Committee that could result in a decrease in endangered or threatened species protections by the federal government.

(2) For any action that the department determines will result in a decrease in endangered or threatened species protections by the federal government, the department shall determine whether both of the following have occurred:

(A) The decrease in endangered or threatened species protections by the federal government will have a substantial impact on one or more federally listed species within California.

(B) Provisional listing as a candidate under Chapter 1.5 (commencing with Section 2050) of Division 3 could significantly reduce any such substantial impact.

(3) If the department determines that one or more federally listed species will be substantially impacted by a decrease in endangered or threatened species protections by the federal government and that listing as a provisional candidate species could significantly reduce such impacts, the department shall publish written findings in the California Regulatory Notice Register regarding the determinations in paragraph (2) along with a statement that the affected species is deemed a provisional candidate species pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 and shall be added to the commission’s list as a provisional candidate species.

(d) Any species added to the list of provisional candidate species pursuant to subdivision (c) shall remain a provisional candidate species until December 31, 2031. Sections 2074.4 to 2076, inclusive, shall not apply to any species added to the list of provisional candidate species pursuant to subdivision (c).

(e) Any species added to the list of provisional candidate species pursuant to subdivision (c) may be removed from the list by the commission, pursuant to this article.

(f) (1) The department shall report any federally listed species that are listed as provisional candidate species pursuant to subdivision (c) at the next public meeting of the commission following the provisional candidacy determination.

(2) Notwithstanding subdivision (d), if the commission determines a federally listed species that is listed as a provisional candidate species pursuant to subdivision (c) may warrant ongoing protection pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3, the commission may direct the department to prepare a status review pursuant to 2074.6 and proceed with the process for listing the species as endangered or threatened under Chapter 1.5 (commencing with Section 2050) of Division 3.

(g) Provisional candidate species shall have the same protections afforded to candidate species pursuant to this chapter.

(h) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to any actions taken by the department or the commission pursuant to this section.

(i) It is the intent of the Legislature that the department and the commission be provided sustainable funding sufficient to fully implement this section and the resulting obligations.

(j) The department shall notify affected and interested persons of any determination to make a federally listed species a provisional candidate species pursuant to subdivision (c) using the methods described in Section 2074.4.

(k) During the pendency of a provisional candidacy for a species pursuant to this section, an entity operating under a federal authorization for take, in effect on or before January 19, 2025, for species listed pursuant to the provisional candidacy, shall not be liable for criminal or civil penalties under this article as long as the entities are in full compliance with their federal biological opinion, incidental take permit, incidental take statement, conservation benefit agreement, or rules promulgated under subsection (d) of Section 4 of the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).

(l) Nothing in this section is intended to nor shall it be interpreted to affect the duties of the commission or the department as set forth in Article 2 (commencing with Section 2070) of Chapter 1.5 of Division 3 with respect to processing petitions submitted pursuant to Section 2072.3.

(m) This section shall become inoperative on December 31, 2031, and, as of January 1, 2032, is repealed.