Protecting the western Joshua tree
Western Joshua Tree Conservation Act
The western Joshua tree (Yucca brevifolia) was granted legislative protection through the passage of the Western Joshua Tree Conservation Act as part of the state’s Public Resources Trailer Bill (Senate Bill 122) on July 10, 2023. Section 5, Chapter 11.5 of the bill outlines the Western Joshua Tree Conservation Act. Legislation was developed following the western Joshua tree’s candidacy for listing under the California Endangered Species Act (CESA).
What does the Western Joshua Tree Conservation Act do?
Assigns the California Department of Fish and Wildlife (CDFW) a central role in issuing permits to authorize the “take” (also described as “removal”) of a western Joshua tree based on various criteria including height, impact, mitigation, and relocation.
Requires CDFW adopt guidelines and protocols based on the best available science to successfully relocate western Joshua trees.
Allows the Department to enter into an agreement with any county or city to authorize the taking of the tree under specific conditions.
Mandates fees for all takes based on both location and height.
Authorizes the Department (or potential county/city) to issue permits for either removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees (please see section 1927.4 for additional details).
Continues the Western Joshua Tree Conservation Fund (formerly the Western Joshua Tree Mitigation Fund) for acquiring, conserving, and managing western Joshua tree conservation lands and completing other activities to conserve the species.
Mandates the development of a western Joshua tree conservation plan in collaboration with the California Fish and Game Commission, governmental agencies, California Native American tribes, and the public.
Requires that the Department submit to an annual report assessing the conservation status of the tree as of 2025.
Requires that the Department present the effectiveness of the legislation at a public meeting every 2 years, including assessing and making recommendations to amend the conservation plan to ensure the conservation of the species.
Requires that the Department review and adjust the fees to ensure the conservation of western Joshua tree every three years as of 2026.
Allows a county or city to adopt more stringent ordinances or regulations to provide additional protections for the western Joshua tree.
Can the western Joshua tree still be listed under the California Endangered Species Act?
The western Joshua tree has been a candidate for listing under the California Endangered Species Act (CESA) since October 2020 and retained interim protections during that time. With the passage of the Western Joshua Tree Conservation Act, the California Fish and Game Commission may take one of three actions on the current listing petition: (1) keep the western Joshua tree as a candidate species for up to 10 years; (2) deny the petition for listing; or (3) list the western Joshua tree as threatened. If the Commission either keeps this species as a candidate or denies the listing, the new law will remain in effect. If the Commission decides to put the western Joshua tree on the endangered species list, the current law will no longer apply and the full protections of the California Endangered Species Act will become the new standard of protection for this species. Keeping the western Joshua tree as a candidate species for the foreseeable future would allow scientists to determine if the new conservation act adequately protects the species from current threats.
Where can I get more information about take permits?
The California Department of Fish and Wildlife is currently developing guidance on permits. This will include advice and resources for single family residences for dealing with hazardous trees. Information is frequently being updated. Please refer to CDFW’s website for the most up-to-date information.
Where do I go to report violations of the Act?
Click here to learn more about reporting violations of the Act to the California Department of Fish and Wildlife.
Do you have any resources about permits?
Click here to obtain professional assistance associated with permits for either the removal or trimming of western Joshua trees.
Why does the western Joshua tree need protection?
Click here for a list of threats to this iconic species.
What is the Mojave Desert Land Trust’s position on the new Act?
Read our statement about the Western Joshua Tree Conservation Act.