The California Endangered Species Act (CESA) (Fish and Game Code Sections 2050 to 2097) is administered by the California Department of Fish and Game and prohibits the take of plant and animal species designated by the Fish and Game Commission as either threatened or endangered in the state of California. “Take” in the context of the CESA means to hunt, pursue, kill, or capture a listed species, as well as any other actions that may result in adverse impacts when attempting to take individuals of a listed species.
Agency Consultation
Sections 2091 and 2081 of the CESA allow the
California Department of Fish and Game to
authorize exceptions to the state’s prohibition
against take of a listed species. Section 2091 allows state lead
agencies that have formally consulted with the California Department
of Fish and Game to take a listed species, if the take is incidental
to carrying out an otherwise lawful project that has been approved
under the California Environmental Quality Act (CEQA). Section
2081 allows the Department to authorize take of a listed species
for educational, scientific, or management purposes. Private developers
whose projects do not involve a state lead agency under CEQA
may not take a listed species without formally consulting with the
California Department of Fish and Game and agreeing to strict measures
and standards for managing the listed species.
Your Responsibilities Under the CESA
Compliance with the CESA may be required for
your proposed project. Listed species change
from time to time and the species listed here
may not represent a current comprehensive list of all protected
species. Project proponents and agencies that approve
projects are encouraged to contact the California
Department of Fish and Game’s Santa Barbara
Office at (805) 964-8849 for information about state-listed, proposed,
and sensitive species in your project area.
Be Aware!
Significant civil and criminal penalties, including
fines and jail sentences, may be imposed upon
individuals who “take” a state-listed species
without appropriate permits and without California Department
of Fish and Game approval. Violations of the California Endangered
Species Act can include a criminal penalty of up to $5,000
and/or one year imprisonment for each violation, and a civil penalty
of up to $10,000 for each listed species taken.