Draft Joshua Tree Conservation Plan Released for Public Comment

On December 12, 2024, the California Department of Fish and Wildlife (CDFW) released its draft Western Joshua Tree Conservation Plan (Draft Conservation Plan) to the California Fish and Game Commission (Commission), as required by the Western Joshua Tree Conservation Act (Act). The Draft Conservation Plan sets forth management practices and guidelines for the avoidance and minimization of impacts to western Joshua trees.

Background and Legal Status

Western Joshua trees grow throughout the Mojave Desert, the Great Basin, and Southern California mountain ranges. They thrive in areas with low precipitation that oscillate between wet and dry conditions. Currently, western Joshua trees are fairly widespread and abundant. Western Joshua trees are a fundamental aspect of California’s desert ecosystem, as they provide a crucial habitat for a variety of animals and other organisms. They also hold cultural significance for California Native American tribes (Tribes).

In 2019, the Center for Biological Diversity petitioned the Commission to list the western Joshua tree as a threatened species under the California Endangered Species Act (CESA), citing threats to the survival of the species due to human activities, climate change, and wildfires. In 2020, the Commission designated the western Joshua tree as a CESA “candidate” species, granting it temporary legal protections. CDFW’s subsequent status review process concluded that the western Joshua tree is not in danger of extinction in the foreseeable future. In June 2022, the Commission deadlocked in its decision as to whether to formally list the species as threatened under CESA.

In February 2023, state legislators introduced the Act, which provides statutory protections for the western Joshua tree. In response, the Commission postponed its consideration of the Joshua tree petition under CESA. The Act requires CDFW to resubmit a status review report by January 1, 2033, unless the Commission directs CDFW to complete it sooner. In the interim, the western Joshua tree remains a candidate species under CESA.

The Act (Fish and Game Code section 1927, et seq.) prohibits the take of western Joshua trees unless expressly authorized by CDFW and allows permittees to, among other things, pay specified fees (to be directed to the Western Joshua Tree Conservation Fund) in lieu of undertaking mitigation obligations. It also directs CDFW to develop and implement a conservation plan, the draft of which must be presented to the Commission no later than December 31, 2024, in collaboration with the Commission, other governmental agencies, Tribes, and the public. The Commission has until June 30, 2025 to take final action on the plan.

Draft Conservation Plan

The Draft Conservation Plan area encompasses approximately 37,800 square kilometers of land in southeastern California, spanning 14 cities and counties, though the proposed mitigation measures are not strictly limited to the identified geographical focus area. The Plan identifies numerous Joshua tree conservation management actions, including the following:

• • Avoid Direct and Indirect Impacts

    • Retain healthy trees
    • Implement avoidance buffers
    • Avoid impacts during pesticide application
    • Avoid impacts related to unauthorized vehicle use
    • Avoid impacts from overgrazing

  • Minimize Direct and Indirect Impacts

    • Minimize impacts from climate change
    • Minimize impacts on occupied western Joshua tree habitat
    • Relocate trees
    • Collect and store seeds
    • Minimize impacts during pesticide application
    • Minimize impacts from grazing activities
    • Minimize impacts from off-highway vehicle use and outdoor recreation

  • Minimize Impacts from Wildland Fire and Fire Management

    • Fight active wildland fires
    • Minimize impacts from fire suppression
    • Minimize impacts from postfire rehabilitation
    • Minimize accidental ignition of fires
    • Implement fuel treatments

The Draft Conservation Plan also articulates specific actions for land conservation and management, Tribal co-management, research to inform long-term conservation, and education and awareness.

The Draft Conservation Plan does not create new statutory or regulatory mandates. Rather, the management actions described in the Draft Conservation Plan may be voluntarily adopted by project proponents, land managers, and philanthropists or may be incorporated into project approvals by local, state, and federal government agencies that authorize projects or resource management programs in the western Joshua tree’s range. Further, the Act requires that the Commission consider recommendations from CDFW for Conservation Plan amendments “beginning in 2026 and at least every two years thereafter,” so modifications to the final Conservation Plan are anticipated over time.

Next Steps

In February 2025, the Commission will hold a meeting to accept public comment on the Draft Conservation Plan. In April 2025, CDFW will present any amendments to the Conservation Plan made in response to public review, and the Commission will again accept public comment. The Commission must take final action to formally adopt the Conservation Plan by June 30, 2025.

Allen Matkins will continue to track the progression of the Conservation Plan and will provide subsequent legal updates as developments occur. Please reach out to Allen Matkins’ Natural Resources Team if you would like to learn more about the Act or the Draft Conservation Plan.