Biological Diversity Policy

California has a formal biodiversity policy. It is a memorandum of understanding between federal, state and local entities. The policy is not statutorily authorized or funded. The policy recognizes the need to protect and manage ecosystems, biological communities and landscapes. A bioregional planning effort has been initiated as a result of the policy to protect resources in the state's ten bioregions. California has several other related policies that recognize the need to protect the diversity of the state's wildlife and natural areas.

Status of Biodiversity Science

California has a coordinated assessment system in place. The California Bioregional Planning effort uses information from GAP, the Natural Diversity Database and other sources to develop bioregional conservation planning strategies. In addition, a California Biodiversity Project will create and use GIS databases to protect areas of potential population growth and potential conflicts between development and conservation. Other assessment systems also exist.

Endangered Species

California has an endangered species law that covers native species and subspecies of plants and animals. (Cal. Fish & Game Code 2050 et seq.) Listings are based solely on science. (Cal. Code Regs. tit. 14, 670.1) The law requires recovery plans and designation of critical habitat, although critical habitat has never been designated. State agency consultation on projects affecting endangered species is required. Penalties for violation are $5,000 and/or a jail term of up to one year. A Native Plant Protection Act provides some protection for endangered or rare native plants of the state. (Cal. Fish & Game Code 1900-1913)

State Agency Management for Biodiversity

State-owned Lands

Several state natural resource agencies are required to plan and manage their lands in a biologically sustainable manner. For example, the California State Park Service, in the Department of Parks and Recreation, has several mandates aimed at protection of the state's natural diversity. A Wildlife Area Habitat Maintenance Program encourages management for broad biodiversity goals on Department of Fish and Game wetlands.

Cooperative Efforts

State agencies also engage in cooperative efforts to improve land management across ownership boundaries. For example, the Natural Community Conservation Planning program includes public agencies, landowners and developers in an effort to protect wildlife and habitat before the land becomes so fragmented that species must be listed as threatened or endangered. (Cal. Fish & Game Code 2800-40) A Coordinated Regional Strategy to Conserve Biological Diversity attempts to coordinate resource management decisions on cross-boundary forest and wildlife problems.

State Agency Training

California does not have any biodiversity training programs for agency staff that this report identified.

Impact Assessment

California requires assessment of major proposed agency impacts on biological resources. The 1994 California Environmental Quality Act requires that all public projects be approved prior to commencing action, and no approval will be given if feasible alternatives or mitigation exists. (Cal. Pub. Res. Code 21050 et seq.)

Habitat Acquisition

California has several land acquisition programs that target important wildlife habitat. For example, the Department of Fish and Game has a land acquisition program dedicated to protecting all important wildlife habitat. (Cal. Fish & Game Code 1348, 2620-2651) The California Waterfowl Habitat Preservation Program acquires habitat for upland game bird species. The Habitat Conservation Program buys land, giving preference to tracts linking habitats. Funding for these programs comes from many sources such as bond revenues, sale of game stamps and a cigarette and tobacco products surtax. Total funding was more than $40 million in 1994.

Private Land Conservation

California has private land conservation programs to protect land for wildlife or biodiversity values. The Private Lands Wildlife Management Program offers economic incentives to private landowners who improve habitat for wildlife. (Cal. Fish & Game Code 3400) Benefits include an extension of the traditional hunting and fishing seasons on the land, a modification of the regulated bag limits and the collection of access and service fees. Cost-share and assistance programs for forest and woodland owners are used by the Department of Fish and Game and the Department of Forestry and Fire Protection. Conservation easements also are authorized by statute. (Cal. Civ. Code 815 et seq.)

Exotic Species

California has several laws and regulations to control the introduction and spread of exotic plant and animal species. (Cal. Fish & Game Code 2116-2150) The release of any animal not native to the state is prohibited. Penalties include fines of not less than $500 or more than $10,000 plus costs and attorney fees. (Cal. Fish & Game Code 2125) The dumping of ballast water from outside the state is strictly regulated. Aquatic plant imports are subject to inspection. (Cal. Code Regs. tit. 14, 236) The importation of certain wild animals into the state without a permit is prohibited by law. (Cal. Fish and Game Code 2118)

Predator or Animal Damage Control Activities

California has an animal damage control program that is operated primarily by the federal government. (Cal. Fish & Game Code 3802) The program uses an integrated pest management approach and encourages education and the use of nonlethal methods. Traps must be inspected daily and animals removed promptly. (Cal. Fish & Game Code 4152, 4180)

Additional Legal Protections for Biodiversity

The state constitution mandates that the public trust doctrine be widely applied. In addition, the public trust doctrine has been recognized by the courts as protecting navigable waters from harm caused by the diversion of nonnavigable tributaries. (CA Const. art. X, 94) Ecological and conservational values are held to be among those purposes protected by the trust.

Related Issues

California has programs of public education for wildlife, including Project WILD. The state published a wildlife viewing guide in 1992. The state has comprehensive statewide planning through a set of statutes that attempt to address problems associated with population growth, including harm to the natural environment. (Ca. Gov. Code 16000)

California does not have a takings law. However, several takings bills were introduced in the 1995 session.

Contacts:

Department of Education, Science and
Environmental Educational Unit
721 Capitol Mall
P.O. Box 944272
Sacramento, CA 94244-2720

Department of Food and Agriculture
P.O. Box 942871
1220 N St.
Sacramento, CA 94271-0001
916-654-0466

Resources Agency, The
1416 9th St., Rm. 1311
Sacramento, CA 95814
916-653-5656

State Extension Services, Agriculture and Natural
Resources, Director, Cooperative Extension and
Agricultural Experiment Station
University of California
300 Lakeside Dr., 6th Fl.
Oakland, CA 94612-3560
415-987-0060

California ADC State Director
Federal Building
2800 Cottage Way
Room W-2316
Sacramento. CA 95825

State Lands Commission
1807 13th St.
Sacramento, CA 95814
916-322-4105