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AB-2640 Protected species: Lost River sucker and shortnose sucker limited take authorization.(2017-2018)

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Date Published: 04/18/2018 04:00 AM
AB2640:v98#DOCUMENT

Amended  IN  Assembly  April 17, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2640


Introduced by Assembly Member Wood

February 15, 2018


An act to amend Section 5515 of, and to add Section 2081.11 to, the Fish and Game Code, relating to fish.


LEGISLATIVE COUNSEL'S DIGEST


AB 2640, as amended, Wood. Protected species: Lost River sucker and shortnose sucker limited take authorization.
Existing law prohibits the taking or possession of a fully protected fish, except as provided, and designates the Lost River sucker and the shortnose sucker as fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. Under that act, the Department of Fish and Wildlife is permitted to authorize, by permit, the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.
This bill would permit the department to authorize, under the California Endangered Species Act, the take or possession of the Lost River sucker and shortnose sucker resulting from impacts attributable to or otherwise related to the decommissioning and removal of the Iron Gate Dam, Copco 1 Dam, Copco 2 Dam, or J.C. Boyle Dam, consistent with the Klamath Hydroelectric Settlement Agreement, if specified conditions are met.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


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 shortnose sucker (Chasmistes brevirostris) resulting from impacts attributable to or otherwise related to the decommissioning and removal of the Iron Gate Dam, Copco 1 Dam, Copco 2 Dam, or J.C. Boyle Dam, consistent with the Klamath Hydroelectric Settlement Agreement, if all of the following conditions are met:
(1) The department determines 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 provides for the development and implementation of an adaptive management plan, approved by the department, for monitoring the effectiveness of, and adjusting as necessary, the measures to minimize the impacts of the authorized take.
(b) This section shall not be construed to exempt the project described in subdivision (a) from any other law.

SEC. 2.

 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 (Catostomus luxatus).
(5) Modoc sucker (Catostomus microps).
(6) Shortnose sucker (Chasmistes brevirostris).
(7) Humpback sucker (Xyrauchen texanus).
(8) Owens pupfish (Cyprinoden (Cyprinodon radiosus).
(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10) Rough sculpin (Cottus asperrimus).