“Western Joshua tree” means Yucca Brevifolia, an evergreen, tree-like plant, and member of the asparagus family. The Western Joshua tree is an iconic figure in the Morongo Basin. However, the Fish and Game Commission, charged with the designation of species as endangered or threatened under the California Endangered Species Act (CESA), has decided not to list the tree on CESA after Fish and Game Commission staff reported that while climate change will affect western Joshua trees, they don’t have enough data to predict how they will be affected accurately.
The Center for Biological Diversity petitioned the state Fish and Game Commission in 2019, asking that California list the western Joshua tree as a threatened species. In October, the Fish and Game commissioners agreed to hold off on their vote while the Western Joshua Tree Protection Act worked through the Legislature. The bill was referred to the Appropriations Committee on April 24.
The Western Joshua Tree Trailer Bill in legislation makes the statutory changes needed to implement the budget. It takes effect immediately with a majority vote. If passed, this bill would provide for conserving the western Joshua Tree at a landscape scale while establishing a permitting and mitigation framework based on template permits and payment of mitigation fees.
The Town Council believes this bill would provide restrictive protections for the western Joshua Tree, and potentially future species, through a state budget process that needs to consider the impacts of such actions on both public and private property within the Town of Yucca Valley. In addition, this bill will result in new mitigation and permitting costs for public or private property owners.
Last week, the Town Council voted unanimously to oppose the Western Joshua Tree Protection Act. Town Manager Curtis Yakimow recommended the vote, and Mayor Rick Denison seconded it. According to Town Manager Curtis Yakimow, “With regard to either the WJTCA or the petition before the Fish and Game Commission, to place significant conservation requirements and fees onto Yucca Valley property owners without a scientific basis, and prior to governmental agencies attempting to collaborate and cooperate in implementing effective conservation efforts, is neither good public policy nor good governance.”
The Town of Yucca Valley said in a press release that “local regulations continue to be an effective regulatory tool that would assist in preserving the western Joshua Tree through public review and transparency of related native plant permit requests. In addition, the regulations will prioritize avoidance, preservation, conservation, and enhanced enforcement when necessary.”
On the Z1077 Up Close Show in April, Town Manager Curtis Yakimow said, “The town took a position of opposition because we had to ensure as those regulations go into effect, how are they going to impact property owners in Yucca Valley.”
While the designation of the tree is in limbo, Morongo Basin residents cannot get permits to move or remove Joshua trees on their properties regardless of the reason.
The Town has communicated its opposition in a formal press release (link release) to the legislative bodies. However, Yakimow has said, “Since the Town of Yucca Valley has never been contacted for any input regarding the drafting of the Western Joshua Tree Conservation Act, even though the Town is the most impacted municipality in the state, we don’t expect the position to alter the final disposition of the bill for either passage, suspense, withdrawal, or defeat. Nonetheless, we will always advocate for the residents and property owners in Town.”
Should the original version of the WJCA pass, property owners can obtain permits for “take” (removal, trimming, transplant) within 30 days from the Department of Fish and Wildlife in exchange for payment of mitigation fees.
