Department of Fish and Wildlife: advance mitigation and regional conservation investment strategies.

(1) Existing law establishes the Department of Fish and Wildlife in the Natural Resources Agency. Under existing law, the department has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. Existing law authorizes the department, or any other public agency, to propose a regional conservation investment strategy, to be developed in consultation with applicable local agencies that have land use authority, for the purpose of informing science-based nonbinding and voluntary conservation actions and habitat enhancement actions that would advance the conservation of focal species and provide voluntary nonbinding guidance for various activities. Existing law authorizes the department to approve a regional conservation investment strategy only if one or more state agencies request approval of the strategy through a letter sent to the Director of Fish and Wildlife, as prescribed. Existing law requires the strategy to contain specified information and authorizes inclusion of a regional conservation assessment proposed by the department or any other public agency, and approved by the department, in the strategy. Existing law authorizes the department to approve a regional conservation investment strategy or amended strategy for an initial period of up to 10 years after a public meeting and a public comment period regarding the proposed strategy or amended strategy have been held and after it finds that the strategy meets certain requirements. This bill would additionally authorize a federally recognized tribe to propose a regional conservation investment strategy, as provided. The bill would eliminate a restriction on the department that authorizes the department to approve a regional conservation investment strategy only if one or more state agencies request approval through a letter sent to the Director of Fish and Wildlife and a requirement that a regional conservation investment strategy include an explanation of the extent that the strategy is consistent with any previously approved or amended strategy. The bill would require a regional conservation assessment to, among other things, be consistent with and complement any regional federal habitat conservation plan that overlaps with the ecoregion or subecoregion included in the assessment. The bill would make various changes to provisions requiring the department or public agency, as specified, to provide notice, hold public meetings, and provide for, receive, and respond to public comment during the public comment period before approving a regional conservation investment strategy or amended strategy. (2) Existing law authorizes a conservation action or a habitat enhancement action that measurably advances the conservation objectives of an approved strategy and that meets other specified requirements to be used to create mitigation credits. Existing law authorizes these mitigation credits to be used to fulfill compensatory mitigation requirements established under any state or federal environmental law, as determined by the applicable local, state, or federal regulatory agency, as provided. To create these mitigation credits, existing law requires a person or entity to enter into a mitigation credit agreement with the department that meets specified requirements. Existing law prohibits the release of mitigation credits for use, sale, or transfer under a mitigation credit agreement unless the department approves the release in accordance with certain requirements. Existing law authorizes the department to adopt guidelines and criteria to aid in the implementation of these provisions. Existing law requires the department to submit a report regarding the implementation of these provisions to the Legislature on or before January 1, 2020. Existing law prohibits the department from approving more than 8 regional conservation investment strategies. This bill would require a regional conservation investment strategy, in order to create a mitigation credit, to include an outline for adaptive management and monitoring of conserved habitat and a process to track and evaluate conservation actions and habitat enhancement actions of the strategy, as specified. The bill would authorize the department to approve a combination of mitigation credit agreements with other instruments or agreements for the purpose of creating mitigation credits, as provided. The bill would make various changes to provisions requiring the department to provide public notice before approving mitigation credit agreements. The bill would also authorize the use, sale, or transfer of mitigation credits established under a mitigation agreement approved by the department, regardless of the duration or expiration of the regional conservation strategy that established those credits. The bill would eliminate the prohibitions on the duplication or replacement of mitigation requirements set forth in an approved natural community conservation plan and on the department approving more than 8 regional conservation investment strategies. (3) Existing law requires the department to collect fees or other compensation from a person or entity that proposes to enter into a mitigation credit agreement, and from a public agency that proposes a regional conservation strategy or regional conservation assessment, to pay for all or a portion of the department's costs relating to the mitigation credit agreement, proposed strategy, or proposed assessment. This bill would establish the Fish and Wildlife Regional Conservation Investment Strategy Program Fund in the state treasury. The bill would authorize the department to collect fees or other compensation from a federally recognized tribe, in addition to a public agency, that proposes a regional conservation strategy or assessment, as provided, and would direct the department to deposit these and the mitigation credit agreement fees into the fund.