The California Endangered Species Act (CESA) is a law that protects native species of fishes, amphibians, reptiles, birds, mammals, invertebrates, and plants, along with their habitats, that are threatened with extinction. The California Department of Fish and Wildlife (CDFW) is responsible for overseeing CESA and reviewing petitions for the listing of species. CESA also provides a process for determining whether a species should be listed as threatened or endangered, thereby offering protection under the Act. The Act has been amended over the years, with the most recent amendment in 2023 creating a temporary 10-year permitting regime for specific projects.
Characteristics | Values |
---|---|
What is CESA? | California Endangered Species Act |
What does CESA cover? | All native species of fishes, amphibians, reptiles, birds, mammals, invertebrates, and plants, and their habitats |
Who oversees CESA? | The California Department of Fish and Wildlife (CDFW) |
What does CDFW do? | Reviews and analyzes petitions for the listing of species to CESA |
What is the role of CEQA? | Driver of CESA; projects subject to CEQA and impacting listed species must consult with CDFW to get an Incidental Take Permit |
What is an Incidental Take Permit? | A permit that may be granted by CDFW if certain criteria are met |
What are the criteria for an Incidental Take Permit? | 1. Authorized take is incidental to an otherwise lawful activity; 2. Impacts of authorized take are minimized and fully mitigated; 3. Measures required to minimize and fully mitigate impacts of authorized take are roughly proportional in extent to the impact of the taking on the species, maintain the applicant's objectives to the greatest extent possible, and may be successfully implemented by the applicant; 4. Adequate funding is provided to implement the required minimization and mitigation measures and to monitor compliance with and the effectiveness of the measures; and 5. Issuance of the permit will not jeopardize the continued existence of a CESA-listed species |
What is a Consistency Determination? | A process applicable only to threatened and endangered species listed under both the Federal Endangered Species Act and CESA, where an applicant with a federal incidental take statement or permit requests that CDFW find the federal documents consistent with CESA |
What You'll Learn
What is the CESA?
The CESA, or the California Endangered Species Act, is a law that protects native species of fishes, amphibians, reptiles, birds, mammals, invertebrates, and plants, and their habitats, that are threatened with extinction. The California Department of Fish and Wildlife (CDFW) is responsible for overseeing the CESA, reviewing petitions for listing species, and issuing permits and consistency determinations.
The CESA was enacted in 1970 and currently protects 37 species native to California. The process for listing a species as threatened or endangered under the CESA is similar to the federal Endangered Species Act but differs in that the decision is made by the CDFW rather than the Secretary of the Interior.
The CESA provides for Incidental Take Permits, which allow for the incidental take of a listed species, provided that certain criteria are met. These criteria include minimizing and fully mitigating the impacts of the take, ensuring that the measures taken are proportional, maintaining the applicant's objectives, and providing adequate funding for implementation and compliance monitoring.
Additionally, the CESA includes a Consistency Determination process for species listed under both the CESA and the federal Endangered Species Act. This process allows applicants who have obtained a federal incidental take statement or permit to request that the CDFW find the federal documents consistent with the CESA.
The CESA also provides for enforcement and citizen enforcement actions through the CDFW and state courts, as well as penalties for violations. For example, in 2020, the Sacramento Superior Court upheld a challenge to a decision by the CDFW to designate four subspecies of bumblebees as candidates for protection under the CESA, reinforcing the long-held view that insects are not subject to protection under the Act.
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What does the CESA do?
The Council on Educational Standards and Accountability (CESA) exists to motivate, support, and hold accountable Christian schools that aspire to superlative academic standards, institutional best practices, and collaboration with like-minded schools. The CESA Collective offers a variety of services to support K-12 students and help them succeed. These services include coaching, consulting, and professional development opportunities for educators. CESA also provides strategic planning, leadership development, on-site coaching, and in-classroom services.
CESA 6, for example, empowers educators and students by providing them with the essential tools and support to succeed. They offer coaching programs, professional development opportunities, and innovative solutions to meet the diverse needs of districts, schools, and individual educators.
In Wisconsin, CESAs serve educational needs by acting as a link between school districts and between school districts and the state. They may facilitate communication and cooperation among all public and private schools, agencies, and organizations that provide services to pupils.
The California Endangered Species Act (CESA) is a separate entity that protects native species of fishes, amphibians, reptiles, birds, mammals, invertebrates, and plants, and their habitats, threatened with extinction. The California Department of Fish and Wildlife (CDFW) oversees the CESA and reviews and analyzes petitions for the listing of species.
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Who does the CESA apply to?
I found several results for CESA:
California Endangered Species Act (CESA)
The California Endangered Species Act (CESA) applies to all native species of fishes, amphibians, reptiles, birds, mammals, invertebrates, and plants, and their habitats, threatened with extinction. The California Department of Fish and Wildlife (CDFW) oversees the CESA and reviews and analyzes petitions for the listing of species to CESA.
CESA Collective
The CESA Collective is a group of like-minded school leaders who are committed to the continuous pursuit of the CESA Standards of Accountability. It is not clear from the source who can apply to join the CESA Collective, but it does mention that interested schools must complete the CESA Application for Membership.
Coverdell education savings accounts (Coverdell ESA)
Coverdell education savings accounts (Coverdell ESA) are trust or custodial accounts set up in the United States to pay for qualified education expenses for the designated beneficiary. When the account is established, the designated beneficiary must be under the age of 18 or be a special needs beneficiary. There is no limit to the number of accounts that can be established for a particular beneficiary, but the total contribution to all accounts on behalf of a beneficiary in any year cannot exceed $2,000.
Catholic Education South Australia (CESA)
Catholic Education South Australia (CESA) is an organisation that provides a family-friendly working environment and excellent workplace entitlements and provisions for its employees. CESA has a COVID-19 Vaccination Policy in place and requires all employees to hold a Working with Children Check (WWCC).
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How does the CESA work?
The California Endangered Species Act (CESA) protects native species of fishes, amphibians, reptiles, birds, mammals, invertebrates, and plants, and their habitats, that are threatened with extinction. The California Department of Fish and Wildlife (CDFW) is responsible for overseeing the CESA and reviewing petitions for the listing of species.
The CESA outlines that species threatened with extinction and those experiencing a significant decline that, if not halted, would lead to a threatened or endangered designation, will be protected or preserved. The CDFW reviews and analyzes petitions for the listing of species to CESA, with the listing being the gateway to protection under CESA.
If a project is subject to the California Environmental Quality Act (CEQA) and has the potential to significantly impact listed species, consultation with the CDFW is required to obtain an Incidental Take Permit (ITP). The ITP criteria include:
- The authorized take is incidental to an otherwise lawful activity.
- The impacts of the authorized take are minimized and fully mitigated.
- Measures required to minimize and fully mitigate the impacts of the authorized take are roughly proportional to the impact on the species, maintain the applicant's objectives, and may be successfully implemented by the applicant.
- Adequate funding is provided to implement the required minimization and mitigation measures and to monitor compliance and effectiveness.
- Issuance of the permit will not jeopardize the continued existence of a CESA-listed species.
Additionally, CESA's Section 2080.1 describes the Consistency Determination process, which is applicable only to threatened and endangered species listed under both the Federal Endangered Species Act and the CESA. This process allows applicants who have obtained a federal incidental take statement or permit to request that the CDFW find the federal documents consistent with CESA. If the CDFW determines that the federal statement/permit is inconsistent with CESA, the applicant must apply for an ITP under Section 2081 of the Fish and Game Code.
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What are the consequences of breaking the CESA?
The California Endangered Species Act (CESA) is a law that protects native species of fishes, amphibians, reptiles, birds, mammals, invertebrates, and plants, and their habitats, that are threatened with extinction. The consequences of breaking the CESA can result in legal action and penalties.
The California Department of Fish and Wildlife (CDFW) is responsible for overseeing and enforcing the CESA. They review and analyze petitions for the listing of species under the Act and work to protect and preserve those species that are covered. If a species is listed under both the Federal Endangered Species Act and CESA, consultation with the US Fish and Wildlife Service and CDFW is required.
One potential consequence of breaking the CESA is the requirement to obtain an Incidental Take Permit (ITP) from the CDFW. An ITP allows for the incidental take of a listed species, but only if certain criteria are met. These criteria include ensuring that the take is incidental to an otherwise lawful activity, that the impacts of the take are minimized and fully mitigated, and that adequate funding is provided to implement mitigation measures and monitor compliance.
Another consequence of breaking the CESA could be legal action taken by the CDFW or other enforcement agencies. This could include fines, penalties, or other enforcement mechanisms to bring the responsible party into compliance with the Act.
In addition to legal consequences, breaking the CESA could also have negative environmental impacts. Failure to comply with the Act could result in harm to protected species and their habitats, potentially leading to population declines or even extinction. This could have far-reaching ecological consequences and impact the overall health and diversity of California's natural environment.
Overall, the consequences of breaking the CESA can be significant and it is important for individuals and organizations to understand and comply with the requirements of the Act to avoid these consequences and protect California's endangered species.
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Frequently asked questions
CESA stands for the California Endangered Species Act.
The California Endangered Species Act (CESA) states that:
> "All native species of fishes, amphibians, reptiles, birds, mammals, invertebrates, and plants, and their habitats, threatened with extinction and those experiencing a significant decline which, if not halted, would lead to a threatened or endangered designation, will be protected or preserved."
The purpose of CESA is to protect and preserve native species and their habitats that are threatened with extinction or experiencing a significant decline.
The California Department of Fish and Wildlife (CDFW) oversees CESA and reviews and analyzes petitions for the listing of species.
CESA provides a process for listing species as threatened or endangered, which triggers protections and preservation efforts. It also requires consultation with the CDFW for projects that may impact listed species and can result in the issuance of permits or consistency determinations to ensure compliance.