5515.
(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, 2081.11, 2081.15, 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 that person’s 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) Mohave chub (Gila mohavensis).
(3) Lost River sucker (Deltistes luxatus and Catostomus luxatus).
(4) Modoc sucker (Catostomus microps).
(5) Shortnose sucker (Chasmistes brevirostris).
(6) Humpback sucker (Xyrauchen texanus).
(7) Owens pupfish (Cyprinodon radiosus).
(8) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(9) Rough sculpin (Cottus asperrimus).
(Amended by Stats. 2023, Ch. 59, Sec. 6. (SB 147) Effective July 10, 2023.)