Protected species: California Endangered Species Act.

Plain English Breakdown

The bill summary does not provide specific details on how federal and state cooperation is clarified, only that certain protections are added or monitored.

California Endangered Species Act: Protecting Wildlife

AB-1319 updates the California Endangered Species Act to prohibit illegal wildlife trade and clarifies rules for federal and state cooperation in species conservation.

What This Bill Does

• Makes it unlawful to import, export, transport, sell, or possess endangered or threatened fish, wildlife, or plants that were taken illegally under any U.S. law.
• Requires the California Department of Fish and Wildlife to monitor federal protections for endangered or threatened species and add them to a provisional list if needed.
• Protects entities operating under federal authorization from criminal or civil liability as long as they comply with their federal biological opinion.

Who It Names or Affects

• People who import, export, transport, sell, or possess endangered or threatened species in California.
• The California Department of Fish and Wildlife responsible for monitoring federal protections.
• Entities operating under federal authorization related to the conservation of endangered species.

Terms To Know

Endangered Species

Species that are at risk of extinction throughout all or a significant portion of their range.

Threatened Species

Species that are likely to become endangered in the foreseeable future.

Limits and Unknowns

• The bill does not specify an effective date, so it is unclear when the provisions will start.
• Some parts of the bill will be repealed on January 1, 2032, and are inoperative after December 31, 2031.

Official Summary Text

AB 1319, Schultz.
Protected species: California Endangered Species Act.
Existing law makes it unlawful to take a bird, mammal, fish, reptile, or amphibian, except as authorized by law.
This bill would make it unlawful for a person in California to import, cause to be imported, export, cause to be exported, transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law or statute of any state or any law, treaty, or statute of the United States with regard to fish, wildlife, or plants
in effect on January 19, 2025. The bill would, upon conviction or other entry of judgment, require any seized evidence be forfeited, as specified. The bill would make these provisions inoperative on December 31, 2031, and would repeal them on January 1, 2032.
Under existing law, a violation of the Fish and Game Code is a crime.
Because the above provision would be part of the Fish and Game Code, a violation of which would be a crime, this bill would impose a state-mandated local program.
The California Endangered Species Act (CESA) requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species pursuant to a prescribed listing process, and generally prohibits the taking of those species. Existing law requires the commission to publish a notice in the California Regulatory Notice Register upon receipt of a petition to add or remove a
species from either the list of endangered species or the list of threatened species by the Department of Fish and Wildlife.
This bill would require the department to determine if there is a decrease in protections by the federal government for an endangered or threatened species, as defined, and, if so, would require the department to publish written findings in the California Regulatory Notice Register that would add the species to the commission’s list of provisional candidate species, as specified. The bill would require the department to report the provisional candidacy determination at the next public meeting of the commission. The bill would prohibit criminal or civil liability for an entity operating under federal authorization for take, as specified, as long as the entities are in full compliance with their federal biological opinion. The bill would make these provisions inoperative on December 31, 2031, and would repeal them on January 1, 2032.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Current Bill Text

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