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SB-1512 Endangered species: incidental take permits.(2003-2004)

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SB1512:v98#DOCUMENT

Amended  IN  Senate  April 14, 2004

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Senate Bill
No. 1512

Introduced  by  Senator Aanestad

February 19, 2004

An act to add Section 2081.2 to amend Sections 2081 and 2084 of the Fish and Game Code, relating to fish. endangered, threatened, and candidate species, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 1512, as amended, Aanestad. Endangered species: Coho salmon: incidental take permits.

Existing

(1) Existing law, the California Endangered Species Act, prohibits the importation, exportation, taking, possession, purchase, or sale of any threatened or endangered species, except in certain situations. Under existing law, if a person obtains an incidental take statement or permit pursuant to federal law, no further authorization or approval is needed under the California Endangered Species Act if certain requirements are met. Existing law makes these provisions apply to any species designated as a candidate species.
This bill would state the intent of the Legislature to establish an incidental take permit process for the Coho salmon after it is listed as an endangered species by the state authorize the department to enter into an agreement or memorandum of understanding with a local government or public agency that grants that local government or public agency a master incidental take permit, and would authorize persons who reside within the jurisdiction of that local government or public agency to apply to the department to be parties to that master permit to take endangered species, threatened species, and candidate species.
(2) Existing law permits the Fish and Game Commission to authorize, subject to terms and conditions it prescribes, the taking of any candidate species, or the taking of any fish by hook and line for sport that is listed as an endangered, threatened, or candidate species.
The bill would authorize the department to extend that authority until an incidental take permit is issued for the taking of that species, if the department determines that the application for the incidental take permit was made in a timely manner.
(3) Existing law continuously appropriates money in the Fish and Game Preservation Fund to the department and to the commission to pay all necessary expenses incurred in carrying out programs and policies contained in the Fish and Game Code and to pay the compensation and expenses of the commissioners, and employees of the commission.
By expanding the parameters of, and imposing new duties on, the department, this bill would make an appropriation.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

Section 2081.2 is added to the Fish and Game

Section 2081 of the Fish and Game Code is amended to read:

2081.
 The department may authorize acts that are otherwise prohibited pursuant to Section 2080, as follows:
(a) Through permits or memorandums of understanding, the department may authorize individuals, public agencies, universities, zoological gardens, and scientific or educational institutions, to import, export, take, or possess any endangered species, threatened species, or candidate species for scientific, educational, or management purposes.
(b) The department may authorize, by permit, the take of endangered species, threatened species, and candidate species if all of the following conditions are met:
(1) The take is incidental to an otherwise lawful activity.
(2) The impacts of the authorized take shall be minimized and fully mitigated. The measures required to meet this obligation shall be roughly proportional in extent to the impact of the authorized taking on the species. Where various measures are available to meet this obligation, the measures required shall maintain the applicant’s objectives to the greatest extent possible. All required measures shall be capable of successful implementation. For purposes of this section only, impacts of taking include all impacts on the species that result from any act that would cause the proposed taking.
(3) The permit is consistent with any regulations adopted pursuant to Sections 2112 and 2114.
(4) The applicant shall ensure adequate funding to implement the measures required by paragraph (2), and for monitoring compliance with, and effectiveness of, those measures.
(c) No permit may be issued pursuant to subdivision (b) or (e) if issuance of the permit would jeopardize the continued existence of the species. The department shall make this determination based on the best scientific and other information that is reasonably available, and shall include consideration of the species’ capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of (1) known population trends; (2) known threats to the species; and (3) reasonably foreseeable impacts on the species from other related projects and activities.
(d) The department shall adopt regulations to aid in the implementation of subdivision (b) subdivisions (b) and (e) and the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, with respect to authorization of take. The department may seek certification pursuant to Section 21080.5 of the Public Resources Code to implement subdivision (b) subdivisions (b) and (e).
(e) The department may enter into an agreement or memorandum of understanding with a local government or public agency that grants the local government or public agency a master incidental take permit, if all of the conditions specified in subdivision (b) are met. Persons who reside within the jurisdiction of that local government or public agency may apply to the department to be parties to that master permit to take endangered species, threatened species, and candidate species.

Section 2084 of the Fish and Game Code is amended to read:

2084.
 (a) The commission may authorize, subject to terms and conditions it prescribes, the taking of any candidate species, or the taking of any fish by hook and line for sport that is listed as an endangered, threatened, or candidate species.
(b) The department may extend the authority granted pursuant to subdivision (a) until an incidental take permit is issued pursuant to Section 2081, if the department determines that the application for the incidental take permit was made in a timely manner.

Code, to read:

2081.2.

It is the intent of the Legislature to establish an incidental take permit process for the Coho salmon after it is listed as an endangered species by the state.