Related Waterfowl Links

• Report a Banded Bird
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• 2007/08 Waterfowl Hunt Results on Public Hunt Areas
• 2006-07 Waterfowl Hunting Regulations
• Aleutian Goose Hunting in North Coast Special Management Area
• Delta Island Waterfowl Hunting Applications
• Waterfowl Hunting Zones
• 2006 CA Breeding Pair Population Estimate for All Species Combined

Native Plant Conservation

The legal framework for conserving plants merits clarification due to the existence of an early state law protecting plants. The Native Plant Protection Act (NPPA) of 1977 (Fish and Game Code Section 1900-1913) directed the Department of Fish and Game (DFG) to carry out the Legislature's intent to "preserve, protect and enhance rare and endangered plants in this State." The NPPA gave the California Fish and Game Commission the power to designate native plants as "endangered" or "rare" and protected endangered and rare plants from take.

The California Endangered Species Act of 1984 (Fish and Game Code Section 2050-2116) expanded upon the original NPPA and enhanced legal protection for plants, but the NPPA remains part of the Fish and Game Code. To align with Federal regulations, California Endangered Species Act (CESA) created the categories of "threatened" and "endangered" species. It converted all "rare" animals into the Act as threatened species, but did not do so for rare plants. Thus, there are three listing categories for plants in California: rare, threatened, and endangered.

The Department requires a CESA Section 2081 (a) permit for take of candidate or listed threatened and endangered plants for scientific, educational, or management purposes, and a CESA Section 2081 (b) permit for incidental take of listed threatened and endangered plants from all activities, except those specifically authorized by the NPPA [see the specific list of exceptions in 1913 (a) and (b)]. The Department considers the term "building site" in Section 1913(b) to mean work (e.g., landscaping or fire prevention measures) around an existing building.

Since rare plants are not included in CESA, mitigation measures for impacts to rare plants are specified in a formal agreement between the Department and the project proponent.

The Department's Wildlife and Habitat Data Analysis Branch maintains a "special plants" list consisting of approximately 2000 native plant species, subspecies, or varieties that are tracked by the Department's Natural Diversity Database (NDDB). These plant taxa are either officially State or federally listed, proposed, or candidate species, or other species, subspecies, or varieties that are of concern due to reasons such as rarity, threats, or the species' close association with declining habitats, or for which more information is needed. Status and threat rankings are assigned to the plant taxa on the Special Plants List, which is available on the Department's web page.

The California Native Plant Society (CNPS) publishes and maintains an Inventory of Rare and Endangered Vascular Plants of California in both hard copy and electronic versions (www.cnps.org/rareplants/inventory/6thEdition.htm). The Inventory assigns plants to the following categories:

1. 1. Presumed extinct in California
   2. Rare or endangered in California and elsewhere
2. Rare or endangered in California, more common elsewhere
3. Plants for which more information is needed
4. Plants of limited distribution.

Additional rarity, endangerment, and distribution codes are assigned to each taxa.

Plants on Lists 1A, 1B, and 2 of the CNPS Inventory consist of plants that may qualify for listing, and the Department recommends they be addressed in CEQA projects (CEQA Guidelines Section 15380). However, a plant need not be in the Inventory to be considered a rare, threatened, or endangered species under CEQA. In addition, the DFG recommends, and local governments may require, protection of plants which are regionally significant, such as locally rare species, disjunct populations of more common plants, or plants on the CNPS Lists 3 and 4.

To guide documentation of potential impacts to plants, the DFG has adopted Guidelines for Assessing the Effects of Proposed Projects on Rare and Endangered Plants and Natural Communities. These guidelines are available on the Department's web page, and are provided to all project proponents, lead agencies, and the interested public when they request Department participation or information.