Endangered species: incidental take.

The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Game may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated. This bill would require the department to require, for any incidental take permit for a renewable energy project in the Mojave or Colorado desert region that is permitted after January 1, 2008, and prior to adoption of the final Desert Renewable Energy Conservation Plan (DRECP) mandated by Executive Order S-14-08, species impact avoidance, minimization, and mitigation in accordance with a specified federal Bureau of Land Management plan. The bill would repeal that requirement on the date that the director certifies to the Secretary of State that the final DRECP has been adopted. The bill would find and declare that because of unique circumstances applicable to the lands affected by the DRECP, a general statute cannot be made applicable, and that, therefore, enactment of a special statute is necessary.