2005 California Fish and Game Code Sections 2050-2068 Article 1. General Provisions

2050.  This chapter shall be known and may be cited as the
California Endangered Species Act.
2051.  The Legislature hereby finds and declares all of the
following:
   (a) Certain species of fish, wildlife, and plants have been
rendered extinct as a consequence of man's activities, untempered by
adequate concern and conservation.
   (b) Other species of fish, wildlife, and plants are in danger of,
or threatened with, extinction because their habitats are threatened
with destruction, adverse modification, or severe curtailment, or
because of overexploitation, disease, predation, or other factors.
   (c) These species of fish, wildlife, and plants are of ecological,
educational, historical, recreational, esthetic, economic, and
scientific value to the people of this state, and the conservation,
protection, and enhancement of these species and their habitat is of
statewide concern.
2052.  The Legislature further finds and declares that it is the
policy of the state to conserve, protect, restore, and enhance any
endangered species or any threatened species and its habitat and that
it is the intent of the Legislature, consistent with conserving the
species, to acquire lands for habitat for these species.
2052.1.  The Legislature further finds and declares that if any
provision of this chapter requires a person to provide mitigation
measures or alternatives to address a particular impact on a
candidate species, threatened species, or endangered species, the
measures or alternatives required shall be roughly proportional in
extent to any impact on those species that is caused by that person.
Where various measures or alternatives are available to meet this
obligation, the measures or alternatives required shall maintain the
person's objectives to the greatest extent possible consistent with
this section.  All required measures or alternatives shall be capable
of successful implementation.  This section governs the full extent
of mitigation measures or alternatives that may be imposed on a
person pursuant to this chapter.  This section shall not affect the
state's obligations set forth in Section 2052.
2053.  The Legislature further finds and declares that it is the
policy of the state that state agencies should not approve projects
as proposed which would jeopardize the continued existence of any
endangered species or threatened species or result in the destruction
or adverse modification of habitat essential to the continued
existence of those species, if there are reasonable and prudent
alternatives available consistent with conserving the species or its
habitat which would prevent jeopardy.
   Furthermore, it is the policy of this state and the intent of the
Legislature that reasonable and prudent alternatives shall be
developed by the department, together with the project proponent and
the state lead agency, consistent with conserving the species, while
at the same time maintaining the project purpose to the greatest
extent possible.
2054.  The Legislature further finds and declares that, in the event
specific economic, social, or other conditions make infeasible such
alternatives, individual projects may be approved if appropriate
mitigation and enhancement measures are provided.
2055.  The Legislature further finds and declares that it is the
policy of this state that all state agencies, boards, and commissions
shall seek to conserve endangered species and threatened species and
shall utilize their authority in furtherance of the purposes of this
chapter.
2056.  The Legislature further finds and declares that the
cooperation of the owners of land which is identified as habitat for
endangered species and threatened species is essential for the
conservation of those species and that it is the policy of this state
to foster and encourage that cooperation in furtherance of the
purposes of this chapter.  Therefore, a landowner of property on
which an endangered, threatened, or candidate species lives shall not
be liable for civil damages for injury to employees of, or persons
under contract with, the department if the injury occurs while those
persons are conducting survey, management, or recovery efforts with
respect to those species.
2060.  The definitions in this article govern the construction of
this chapter.
2061.  "Conserve," "conserving," and "conservation" mean to use, and
the use of, all methods and procedures which are necessary to bring
any endangered species or threatened species to the point at which
the measures provided pursuant to this chapter are no longer
necessary.  These methods and procedures include, but are not limited
to, all activities associated with scientific resources management,
such as research, census, law enforcement, habitat acquisition,
restoration and maintenance, propagation, live trapping, and
transplantation, and, in the extraordinary case where population
pressures within a given ecosystem cannot be otherwise relieved, may
include regulated taking.
2062.  "Endangered species" means a native species or subspecies of
a bird, mammal, fish, amphibian, reptile, or plant which is in
serious danger of becoming extinct throughout all, or a significant
portion, of its range due to one or more causes, including loss of
habitat, change in habitat, overexploitation, predation, competition,
or disease.  Any species determined by the commission as "endangered"
on or before January 1, 1985, is an "endangered species."
2063.  "Feasible" means feasible as defined in Section 21061.1 of
the Public Resources Code.
2064.  "Project" means project as defined in Section 21065 of the
Public Resources Code.
2065.  "State lead agency" means the state agency, board, or
commission which is a lead agency under the California Environmental
Quality Act (Division 13 (commencing with Sec. 21000) of the Public
Resources Code).
2067.  "Threatened species" means a native species or subspecies of
a bird, mammal, fish, amphibian, reptile, or plant that, although not
presently threatened with extinction, is likely to become an
endangered species in the foreseeable future in the absence of the
special protection and management efforts required by this chapter.
Any animal determined by the commission as "rare" on or before
January 1, 1985, is a "threatened species."
2068.  "Candidate species" means a native species or subspecies of a
bird, mammal, fish, amphibian, reptile, or plant that the commission
has formally noticed as being under review by the department for
addition to either the list of endangered species or the list of
threatened species, or a species for which the commission has
published a notice of proposed regulation to add the species to
either list.