New Law to Conserve Western Joshua Trees Streamlines Take for Desert Projects
In brief
California has enacted the Western Joshua Tree Conservation Act, effective July 1. The new law specifies a streamlined process to authorize the removal, or “take”, of western Joshua trees in California. The Act also broadens the purposes for which a permit may be issued. The Act specifies that its streamlined mitigation and fees structure will remain in effect only so long as the species does not become listed under CESA; if the tree is listed, then the standard CESA protections would apply instead.
In detail
The California Fish and Game Commission (Commission) designated the western Joshua tree as a candidate for listing under the California Endangered Species Act (CESA) in October 2020. This action afforded the western Joshua tree the same CESA protections as listed species, which means that removal of the desert trees was subject to fines and criminal penalties unless authorized by a “take” permit issued by the California Department of Fish and Wildlife (CDFW). Such permits were difficult to obtain, and when issued would authorize removal only in limited circumstances.
The new law, which became effective July 1, streamlines the western Joshua Tree take permit process and broadens the purposes for which a permit may be issued. A western Joshua tree may now be removed for any purpose, so long as a permit is obtained and the removal is fully mitigated, or alternatively, an in-lieu mitigation fee is paid. The table below summarizes the new rules.
The Western Joshua Tree Conservation Act also allows the CDFW, under certain conditions, to delegate to cities or counties authority to issue take permits for single-family residential developments and public works projects. Where a local government is issuing the take permit, the number of trees that may be removed for a single-family residential developments is limited to the smaller of 10 percent of the trees present or 10 trees per single family residence, or 10 percent or 40 trees for public works projects. Local governments may also issue permits to remove or trim dead trees or trim live trees.
The new law also requires CDFW to develop and implement a western Joshua tree conservation plan by June 30, 2025, as well as, beginning January 2025, to prepare and submit an annual report to the Commission and the state Legislature assessing the conservation status of the western Joshua tree.
The Act specifies that its streamlined mitigation and fees structure will remain in effect only so long as the species does not become listed under CESA; if the tree is listed, then the standard CESA protections would apply instead. The Commission has not made a final decision on the listing. The other provisions of the bill, including the conservation plan, would remain in effect even if the species is listed under CESA.