The Western Joshua Tree Conservation Act (WJTCA) is a California Law that was enacted in July 2023. The WJTCA prohibits the importation, export, take, possession, purchase, or sale of any western Joshua tree in California unless authorized by CDFW.
The act authorizes CDFW to issue permits for the incidental take of one or more western Joshua trees if the permittee meets certain conditions. Permittees may pay specified fees in lieu of conducting mitigation activities. The act also authorizes CDFW to issue permits for the removal of dead western Joshua trees and the trimming of live western Joshua trees under certain circumstances.
Pursuant to the WJTCA, CDFW may enter into an agreement with any county or city to delegate limited authority to permit the taking of a western Joshua tree associated with developing single-family residences, multifamily residences, accessory structures, and public works projects. CDFW may similarly enter into an agreement with any county or city to delegate limited authority to permit the removal of dead western Joshua trees and the trimming of live western Joshua trees.
Under the act, all in-lieu fees collected will be deposited into the Western Joshua Tree Conservation Fund for appropriation to CDFW solely for the purposes of acquiring, conserving, and managing western Joshua tree conservation lands and completing other activities to conserve the western Joshua tree.
Additionally, the act requires CDFW to develop and implement a western Joshua tree conservation plan in collaboration with governmental agencies, California Native American Tribes, and the public. The complete draft conservation plan must be presented no later than December 31, 2024 at a public meeting of the Fish and Game Commission for its review and approval. CDFW must also develop annual reports assessing the conservation status of the western Joshua tree and submit them to the commission and the State Legislature no later than January 1 of each year, starting in 2025.
In March 2022, CDFW prepared a status review report for western Joshua tree evaluating whether listing the species as endangered or threatened under the California Endangered Species Act would be warranted. The WJTCA requires CDFW to prepare an updated status review report by January 1, 2033, unless the Fish and Game Commission directs CDFW to complete the update sooner, and directs the Fish and Game Commission to consider the effectiveness of the conservation measures of the WJTCA, the updated status review report, and other factors before deciding whether the current petition to list the western Joshua tree under the California Endangered Species Act is warranted.