LEGISLATIVE BULLETIN

June 19, 2023

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Fish & Game Commission Advances Greater Sage Grouse to CESA Candidacy
Last Wednesday, the Fish & Game Commission voted to accept a petition from the Center for Biological Diversity seeking to list Greater Sage Grouse as a threatened or endangered species under the California Endangered Species Act (CESA). Acceptance of the petition means that Greater Sage Grouse is now a “candidate species” which is fully protected under the provisions of CESA throughout its period of candidacy.

Over the next twelve months, the Department of Fish and Wildlife will complete a status evaluation of the species. After the evaluation is complete, the Commission will determine whether to formally list the species under CESA.

CCA submitted written comments in opposition to candidacy and opposed listing at Wednesday’s hearing. CCA will continue to oppose listing as the Department conducts its evaluation and will engage the Department and Commission regarding potential regulatory mechanisms that can protect ranchers whose voluntary conservation efforts are largely responsible for the species’ conservation in recent years.

In addition to California’s action, the U.S. Fish & Wildlife Service recently reopened a 2013 Proposed Rule to list the Bi-state distinct population of sage grouse under the federal ESA. Comments on the federal proposal are due next Monday. CCA is already on the administrative record in opposition to listing but will likely file supplemental comments ahead of Monday’s deadline. For more information regarding the federal proposal, see the May 1 edition of Legislative Bulletin.

Legislature Passes Budget Bill, but Negotiations Continue
The California Legislature on Thursday met its Constitutional deadline to finalize a 2023-24 State Budget, but all parties involved in budget negotiations admit that the bill sent to Governor Gavin Newsom on June 15 will not be the final word on the State’s spending plan.

Legislators will continue negotiating with the Governor to hammer out a final budget deal agreeable to the Assembly, Senate and Administration. The aim will be to have a budget bill signed into law no later than June 15, the day before the State’s new fiscal year begins.

For more information on the 2023-24 Budget passed Thursday by the Legislature, see last week’s edition of Legislative Bulletin. CCA will provide further information regarding the Budget when the final spending bill has been signed into law.

BLM Extends Time to Comment on “Conservation and Landscape Health” Rule
The Bureau of Land Management has announced that it will extend by 15 days the comment period for the agency’s Proposed Rule regarding “Conservation and Landscape Health.” Comments had initially been due tomorrow. The announcement, which will be formally published in tomorrow’s edition of the Federal Register, sets a new comment deadline of July 5 for feedback on the Proposed Rule.

The Proposed Rule was initiated without any prior engagement with organizations representing BLM grazing permittees. Of greatest concern, the Proposed Rule would establish conservation as a “use” of BLM-managed lands under the agency’s multiple-use mandate, allowing entities to lease BLM ground for “restoration or land enhancement” or for mitigation. The proposal would also ramp up identification and designation of Areas of Critical Environmental Concern in response to a Biden Administration directive that federal agencies incorporate wildlife habitat connectivity into their planning activities. CCA is concerned that the Proposed Rule could have the impact of restricting grazing use of BLM lands.

Earlier this month, CCA joined our national partner the Public Lands Council and 57 other organizations calling on BLM to “withdraw the proposed rule and begin again,” engaging with grazing stakeholders prior to issuing a proposed rule. Alternatively, we asked that BLM accept feedback for a full 180 days – 90 days longer than the recently-announced extension.

CCA and our partners will provide substantive feedback to BLM prior to the new July 5 deadline. For more information, see the April 3 edition of Legislative Bulletin.

California Department of Fish & Wildlife Issues New Beaver Depredation Policy
The California Department of Fish & Wildlife (CDFW) earlier this month released a new Beaver Depredation Policy. Where a property-owner requests a take permit for problem beavers, the policy highlights that “take” under California law “means to hunt, pursue, catch, capture, or kill,” signaling the Department’s intention to promote non-lethal means of take. The policy also suggests that CDFW will condition take authorization on property-owners implementing non-lethal “corrective actions” to deter further beaver damage. For additional details on the policy, see last week’s edition of Legislative Bulletin or CDFW’s beaver webpage.

CDFW Implements Pay for Presence Wolf Compensation Program
The California Department of Fish and Wildlife has announced the availability of its “Pay for Presence” wolf compensation program. Under the Pay for Presence program, producers may be eligible for compensation if they operate within a known wolf pack territory, and compensation is available retroactive to September 23, 2021. CDFW’s 2021-22 map of known wolf pack summer and winter ranges is available here, and the agency’s methodology for determining these geographic ranges can be found here. While the Department’s program does not reflect all CCA’s priorities and is by no means a perfect program, the availability of Pay for Presence compensation marks significant progress in compensating livestock producers who must bear the burden of ill-conceived state regulations fully protecting gray wolves. For more information, see the June 5 edition of Legislative Bulletin.

New Episode of Stories from California Cattle Country 
Stories from California Cattle Country, “Learning about Red Hided Angus and Cattle Brands with Rita McPhee of McPhee Red Angus Ranch” is out now. To listen to the episode click here. Stories from California Cattle Country is produced by The California Cattlemen’s Foundation with support from the California Cattle Council. If you want a glimpse into our travels, follow the podcast’s Instagram account @calcattlecountry.

California Agriculture Vision 
The California Department of Food and Agriculture and California State Board of Food and Agriculture have announced their plan for Ag Vision for the Next Decade. Created using an inclusive process, the plan’s goal is to provide opportunity for California farmers, ranchers and communities and climate action.

The plan developed aims to focus on five key priority areas including:

• Fostering climate-smart, resilient, and regernative food systems.
• Building healthy, local communities.
• Driving next-generation talent and tools.
• Enhancing understanding of agriculture.
• Collaborating on smarter regulations.

To learn more about Ag Vision, click here. To view a video clip on Ag Vision, click here.

UC to Unearth 7 Years of Wildfire Impacts. Help Fight for Better Ag Resources and Policies 
From the UCCE UC Davis
Has your ranch in California been impacted by wildfires? We hope you can take less than 20 minutes to share the impacts you experienced and response strategies you implemented. The results of this survey will elevate rancher perspectives to the forefront of local and regional wildfire preparedness & response efforts. All participants who finish the survey by June will receive a $20 thank-you gift and will be entered into a $200 drawing. This initiative is led by the University of California at Davis in collaboration with Cooperative Extension. Go to https://bit.ly/WildfiresAgStudyCCA to get started.

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