Protected species: incidental take: consistency determinations.

The Federal Endangered Species Act of 1971 (FESA) directs federal agencies, in consultation with the Secretary of the Interior or the Secretary of Commerce, as appropriate, to carry out conservation programs for endangered species listed under FESA. FESA generally prohibits activities affecting these threatened and endangered species unless authorized by a permit from the United States Fish and Wildlife Service or the National Marine Fisheries Service (permitting agencies) , as appropriate. FESA requires a federal agency authorizing, funding, or carrying out an action (agency action) to consult with a permitting agency on any actions that might affect listed species. A biological opinion is the permitting agency's written report describing the agency action and how it will affect the species or its critical habitat. If the permitting agency determines that take will occur incidental to the agency action, an incidental take statement is developed that contains reasonable and prudent measures necessary to minimize that impact and terms and conditions to implement those measures. The incidental take statement accompanies the biological opinion. Under FESA, incidental take permits are required when nonfederal activities will result in take of FESA listed species. FESA prohibits the issuance of an incidental take permit unless the applicant submits a conservation plan. Under the California Endangered Species Act (CESA) , if any person obtains from the Secretary of the Interior or the Secretary of Commerce an incidental take statement or incidental take permit pursuant to the federal Endangered Species Act of 1973 that authorizes the taking of an endangered species or threatened species listed pursuant to the federal act that is an endangered species, threatened species, or candidate species pursuant to CESA, no further authorization or approval is necessary under CESA for that person to take that species, if that person notifies the Director of Fish and Game, as specified, and the director determines that the statement or permit is consistent with CESA. This bill would require the inclusion in the notice of a specified additional information, including copy of the biological opinion along with an incidental take statement or a copy of the conservation plan with an incidental take permit. The bill would authorize the department to adopt regulations to implement those revised incidental take and consistency determination provisions.