United States: California Department Of Fish And Wildlife Recommends Not Listing Western Joshua Tree As Threatened Under California Endangered Species Act

After more than a year of scientific study on the status of the western Joshua tree ("WJT"), the California Department of Fish and Wildlife ("CDFW") has just completed its status review ("Status Review") of the WJT and determined that the best available science on the species does not warrant listing it as threatened under the California Endangered Species Act ("CESA"). CDFW's conclusion mirrors the conclusion independently made in a Population Study prepared on behalf of JMBM client California Construction and Industrial Materials Association ("CalCIMA") and also submitted to CDFW and the California Fish and Game Commission ("Commission") for consideration in the Commission's final determination on whether or not to list the species. CalCIMA's Population Study was submitted pursuant to Title 14, section 670.1(h) of the California Code of Regulations on April 5, 2022, and therefore must be considered by the Commission in making a final listing determination.

In making its recommendation to not list the WJT, CDFW found, based on "the best scientific information available to the Department" that the species "is not in serious danger of becoming extinct throughout all, or a significant portion, of its range," and that "special protection and management efforts required by CESA" were not required for the species.

The release of CDFW's Status Review is the latest step in the CESA listing process and follows the October 2020 initial determination by the Commission that further study of the WJT was warranted. The Commission is expected to formally accept for consideration CDFW's Status Review at its bi-monthly meeting on April 20-21, commencing a period of public comment on the Status Review and the final listing determination. The earliest the Commission can act on the Status Review, and make a final listing determination, will be during the June 15-16 bi-monthly meeting.

The next few months will likely see a flurry of activity as the Commission moves towards a final listing determination, and there will be more to follow on this blog.

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