Listing Threatened or Endangered Plants

The California Endangered Species Act (CESA) (Fish and Game Code Sections 2050-2116) sets forth procedures by which individuals, organizations, or the Department can submit petitions to the Fish and Game Commission to request that a species, subspecies, or variety of plant be added to, deleted from, or changed in status on the State lists of rare, threatened or endangered species. A number of factors contribute the need to list a species. Of these, the most significant factor is the destruction and loss of habitat.

Procedures governing the submission and review of petitions for listing, uplisting, downlisting, and delisting of endangered and threatened species are described in Section 670.1, Title 14, California Code of Regulations. A petition format (PDF) has been developed by the Fish and Game Commission. Hard copies are also available on request.

Habitat Conservation Branch (HCB) staff coordinates the Department’s evaluation of petitions submitted to the Fish and Game Commission to list plants. The evaluation process includes scheduling the review process and coordinating with the Commission on deadlines, requesting review and input from Regions, evaluating the petition and al other relevant information; conducting a site visit; consulting with the petitioner, USFWS, and other agencies, organizations, and persons with relevant knowledge and expertise; and coordinating the preparation of a written evaluation report. The written report to the Commission contains the Department’s recommendation on whether or not the petition contains sufficient scientific information to indicate that the petitioned action may be warranted.

If the petition is accepted and the species becomes a candidate, HCB coordinates a review of the status of the species. During the 12-month review period, HCB staff solicits comments and data on the candidate species and seeks independent and competent peer review of the Department status report. HCB staff also notifies all parties affected by or interested in the proposal for listing (Fish and Game Code Section 2074.4). Notification is done through correspondence, press releases, and public notices in local newspapers.

HCB then submits for the Director’s review and approval a written report to the Commission. The recommendation from the Director to the Commission is transmitted within the 12-month review period and the recommendation is based on the best scientific information available to the Department, which indicates whether or not the petitioned action is warranted. HCB staff coordinates preparations of, and provides Department, testimony at the Fish and Game Commission meeting where final consideration of the petition is scheduled.