SB 1063

The Western Joshua Tree Conservation Act prohibits any person or public agency from importing into the state, exporting out of the state, or taking, possessing, purchasing, or selling within the state, a western Joshua tree or any part or product of the tree, except as specified. The act authorizes the Department of Fish and Wildlife to permit the taking of a western Joshua tree if specified conditions are met, including, but not limited to, that the permittee mitigates all impacts to, and taking of, the western Joshua tree through measures that are roughly proportional in extent to the authorized taking of the western Joshua tree. The act authorizes, in lieu of completing the mitigation measures, a permittee to elect to satisfy the mitigation obligation by paying fees pursuant to a specified fee schedule, as provided. This bill would authorize the department to permit the taking of a western Joshua tree without payment of fees or other mitigation upon demonstration to the department that the taking of a western Joshua tree is related to the maintenance, operation, or construction of a life-sustaining service, as defined. The bill would require the department to grant or deny that permit within 30 days of a request, or within 10 days of a request to address a threat to health or safety. The bill would allow the permittee 60 days to complete the taking authorized by that permit and the department may extend this 60-day period at its discretion.