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Calif. lawmakers preserve iconic tree

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In a win for conservationists, California lawmakers passed the Western Joshua Tree Conservation Act, which will permanently protect the iconic trees from displacement, on Tuesday as part of the state budget agreement. The new law puts an end to a multiyear dispute over how to conserve the species in the face of climate change. 

The act prohibits any person from importing, exporting, possessing, selling or taking a western Joshua tree or any part or product of the tree “except as provided pursuant to existing law or by paying a specified fee,” according to its summary

The future for Joshua trees was debated this year as state agencies studied the impact of a changing climate on the species. In March of this year, the U.S. Fish and Wildlife Service declined to offer protection for the trees under the Endangered Species Act after conducting two in-depth reviews, stating that they weren’t in enough danger to qualify.

Nevertheless, the state’s Fish and Game Commission placed the trees on its list of protected species on an interim basis in 2020, according to Courthouse News Service. In 2022, a state judge refused an attempt by construction and real estate groups to challenge the tree’s status

The governor’s signature puts an end to that battle.



The law received overwhelming support, with the Assembly voting 54-15 and the Senate voting 31-8 as part of the state budget agreement. Gov. Gavin Newsom is expected to approve the budget this week, and the law would take effect July 1.

“I’m grateful the Newsom administration and lawmakers agree that Western Joshua trees are an irreplaceable part of California’s natural heritage that has to be protected,” Brendan Cummings, the conservation director for Center for Biological Diversity, said in a news release. “This groundbreaking law will help ensure these wonderful trees remain part of California’s Mojave Desert landscape forever.”

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Two distinct species of Joshua tree inhabit the southwest United States, the western Joshua tree and the eastern Joshua tree. Joshua Tree National Park is home to the western Joshua tree, which is a bit reminiscent of the truffula trees in Dr. Seuss’ “The Lorax” with its twisty branches and spiky ends. It’s a member of the agave family, according to the National Park Service. 

Joshua trees stand in Joshua Tree National Park on July 23, 2021, near Twentynine Palms, Calif. 

Joshua trees stand in Joshua Tree National Park on July 23, 2021, near Twentynine Palms, Calif. 

Sean Gallup/Getty Images

Not everyone is cheering for the passing of the Western Joshua Tree Conservation Act. San Bernardino County, the home of Joshua Tree National Park, voiced concerns and called for a “balanced approach” to protect the trees in a press release.

“The legislation fails to properly balance protection of the species with the needs of our residents and business community, thereby threatening the quality of life in our deserts,” the county wrote in a news release. “… This will discourage the building of much-needed homes, stifle economic investment, increase development costs in the region, and significantly harm the county’s Mojave Desert communities and residents.”

The county argued that while mitigation fees were lowered (which will be required to remove trees in applicable cases), the costs were still too high. Prices will range from $150 to $1,000 per tree, according to the Desert Sun. 

Aside from the threat of construction, conservation groups have been concerned about the threat of climate change. According to the Center for Biological Diversity, the trees are failing to reproduce in drier conditions and at lower elevations, and are dying off because of high temperatures. Increased wildfires and droughts may put the trees at risk. 

Scientists predict that Joshua Tree National Park will lose almost all of its habitat due to climate change by the end of the century, according to National Geographic. The Center for Biological Diversity also stated that trees outside the national park are in danger of habitat loss from off-road vehicles, power lines, pipelines, agriculture, housing projects and energy projects.

“With this bill, we can now move on from the debate over whether Joshua trees should be protected,” Cummings told SFGATE. “And instead focus on how we can work together to ensure that these iconic and irreplaceable trees survive the very difficult decades ahead.”





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