Protected species: California Endangered Species Act.

Assembly Member Schultz frames AB 1319 as a targeted adjustment to California’s wildlife protection regime, pairing a new trafficking prohibition with a proactive mechanism to address potential federal rollbacks to endangered species protections. The core change creates a clear, time-limited offense across fish, wildlife, and plants taken in violation of state, federal, or international law or treaty that was in effect as of January 19, 2025. Cannabis and hemp remain expressly exempt from this trafficking prohibition. The measure also establishes a defined three-year window to commence enforcement actions, and it provides for the mandatory forfeiture of seized evidence upon conviction, with disposition options outlined for the department or educational institutions.

The bill adds a companion framework aimed at safeguarding California species if federal protections weaken. It defines a subset of species as “federally listed species” under the federal Endangered Species Act status as of 2025, and it creates a process to identify a “decrease in protections” by federal action, including Congress, federal agencies, the president, or the Endangered Species Committee. When a substantial impact to California-listed species is anticipated and provisional listing could mitigate those impacts, the department must publish written findings and add the affected species to a provisional candidate list, with protections equivalent to those for candidates under existing law. Provisional candidacy is limited to actions taken before the end of 2031, and the standard non-provisional listing processes do not apply to species added as provisional candidates.

The bill outlines reporting, notice, and oversight requirements tied to the provisional framework. The department must inform affected parties and present findings at the next public commission meeting, and the commission may direct a status review and proceed with formal listing if warranted. Provisional candidate species receive the same protections as other candidates, with a CEQA exemption for actions taken under this section and a mechanism for limited immunity for entities operating under federal take authorizations, provided they remain in compliance with federal instruments. The authors indicate an intent to secure sustainable funding to implement these provisions, while also noting no general reimbursement is required for local agencies, given the act’s creation of new penalties and definitions rather than new ongoing duties.

Together, the provisions interact with existing California Endangered Species Act processes by adding a provisional-candidate pathway and a sunset framework. The measure preserves the standard listing framework for other species while enabling expedited action during a defined period, and it restricts environmental review for department/commission actions under the provisional framework. It emphasizes public notice and transparency through required reporting to the California Regulatory Notice Register and public meetings, even as it restricts access to certain exempted information. The sunset provisions—operational in 2031 and repealed in 2032—mean enforcement and the provisional-candidate mechanism are finite unless renewed by future legislation, with ongoing enforcement actions permitted to proceed if commenced before the sunset.