Today's Law As Amended

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AB-2640 Fully protected species: Lost River sucker and shortnose sucker limited take authorization: California condor limited take authorization.(2017-2018)



SECTION 1.

 Section 2081.11 is added to the Fish and Game Code, to read:

2081.11.
 (a) The department may authorize, under this chapter, the take or possession of the Lost River sucker (Deltistes luxatus and Catostomus luxatus) and shortnose sucker (Chasmistes brevirostris) resulting from impacts attributable to or otherwise related to the decommissioning and removal of the Iron Gate Dam, the Copco 1 Dam, the Copco 2 Dam, or the J.C. Boyle Dam, each located on the Klamath River, consistent with the Klamath Hydroelectric Settlement Agreement, if all of the following conditions are met:
(1) The department finds the authorized take will not jeopardize the continued existence of the Lost River sucker or shortnose sucker.
(2) The impacts of the authorized take are minimized.
(3) The take authorization requires department approval of a sampling, salvage, and relocation plan to be implemented and that describes the measures necessary to minimize the take of adult Lost River sucker and shortnose sucker associated with the department’s authorization. The plan shall provide for a sampling effort, the results of which will provide information used to make decisions and to implement the plan while utilizing the principles of adaptive management.
(b) This section shall not be construed to exempt the project described in subdivision (a) from any other law.

SEC. 2.

 Section 3858 is added to the Fish and Game Code, to read:

3858.
 (a) For purposes of this section, the term “Northern California Condor Restoration Program” means the California condor restoration program in northern California associated with the California Condor Recovery Plan published by the United States Fish and Wildlife Service in April 1996, or a subsequent revision of that plan.
(b) Notwithstanding Section 3511, if the take of California condors under the Northern California Condor Restoration Program is exempt from further authorization or approval under Chapter 1.5 (commencing with Section 2050) of Division 3 pursuant to Section 2080.5 or 2080.6, and the director finds the enhancement of survival permit described in subdivision (a) of Section 2080.5 or federal regulations described in paragraph (1) of subdivision (b) of Section 2080.6, as applicable, to be consistent with the objectives and plans developed pursuant to this chapter, the take or possession of California condors under the Northern California Condor Restoration Program shall also be exempt from the prohibitions in Section 3511.

SEC. 3.

 Section 5515 of the Fish and Game Code is amended to read:

5515.
 (a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, 2081.11, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization.
(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3) A legally imported fully protected fish may be possessed under a permit issued by the department.
(b) The following are fully protected fish:
(1) Colorado River squawfish (Ptychocheilus lucius).
(2) Thicktail chub (Gila crassicauda).
(3) Mohave chub (Gila mohavensis).
(4) Lost River sucker (Deltistes luxatus and Catostomus luxatus).
(5) Modoc sucker (Catostomus microps).
(6) Shortnose sucker (Chasmistes brevirostris).
(7) Humpback sucker (Xyrauchen texanus).
(8) Owens pupfish (Cyprinodon radiosus).
(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10) Rough sculpin (Cottus asperrimus).