BILL NUMBER: SB 1349	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cogdill

                        FEBRUARY 19, 2010

   An act to add Section 2080.3 to, and to add and repeal Sections
2080.2 and 2080.5 of, the Fish and Game Code, relating to endangered
species.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1349, as introduced, Cogdill. Endangered species: experimental
populations.
   The California Endangered Species Act (state act) prohibits the
taking of an endangered or threatened species, except as specified.
The Department of Fish and Game may authorize the take of listed
species if the take is incidental to an otherwise lawful activity and
the impacts are minimized and fully mitigated. Existing law provides
that if any person obtains from the Secretary of the Interior or the
Secretary of Commerce an incidental take statement or incidental
take permit pursuant to the federal Endangered Species Act (federal
act) that authorizes the taking of an endangered species or
threatened species listed pursuant to the federal act and that is an
endangered species, threatened species, or candidate species pursuant
to the state act, no further authorization or approval is necessary
under the state act for that person to take the endangered species,
threatened species, or candidate species identified in, and in
accordance with, the incidental take statement or incidental take
permit, if that person notifies the Director of Fish and Game, as
specified, and the director determines that the statement or permit
is consistent with the state act.
   This bill would establish provisions that parallel those federal
incidental take provisions for a person who obtains a federal
enhancement of survival permit. Those enhancement of survival permit
provisions would be repealed if federal law alters the requirements
for issuing an enhancement of survival permit. The bill would also
provide that the state act does not prohibit the take, or the
incidental take, of any endangered, threatened, or candidate species,
if the Secretary of the Interior or the Secretary of Commerce
designates, as prescribed, an experimental population of an
endangered or threatened species that is listed pursuant to certain
provisions of the federal act and regulations adopted thereto, and
the take, or incidental take, occurs in conformance with those
provisions.
   The bill, until January 1, 2020, would authorize the department to
authorize the take of 3 experimental populations, as defined, of
endangered species, threatened species, or candidate species listed
pursuant to the state act in defined management zones.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2080.2 is added to the Fish and Game Code, to
read:
   2080.2.  (a) For purposes of this section, the term "experimental
population" means any population, including any eggs, propagules,
individuals, or offspring arising solely therefrom, authorized for
release under this section that meets the following requirements:
   (1) The population is for some duration wholly separate
geographically from nonexperimental populations of the same species.
If there is for some duration geographic overlap of experimental and
nonexperimental populations, experimental status shall be recognized
only outside the areas of overlap, and a specimen of an experimental
population that overlaps geographically with a natural population of
the same species will not be recognized as a member of an
experimental population while in the area of overlap.
   (2) The duration of episodes of geographic separation are
reasonably predictable, including geographic separations created by
fixed migration patterns or natural or manmade barriers.
   (3) The separation of populations does not occur solely as a
result of random and unpredictable events.
   (b) The department may authorize the take of three experimental
populations of endangered species, threatened species, or candidate
species that are listed pursuant to this chapter in defined
management zones.
   (c) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
  SEC. 2.  Section 2080.3 is added to the Fish and Game Code, to
read:
   2080.3.  Nothing in this chapter prohibits the take, or the
incidental take, of any endangered, threatened, or candidate species
if the Secretary of the Interior or the Secretary of Commerce
designates an experimental population, pursuant to subparagraph (A)
of paragraph (2) of subdivision (j) of Section 1539 of Title 16 of
the United States Code, of an endangered or threatened species that
is listed pursuant to Section 1533 of Title 16 of the United States
Code and adopts a regulation pursuant to Sections 17.81 and 17.82 of
Title 50 of the Code of Federal Regulations that contains
prohibitions and exceptions to the prohibitions for the designated
experimental population, and the take, or incidental take, occurs in
conformance with that regulation.
  SEC. 3.  Section 2080.5 is added to the Fish and Game Code, to
read:
   2080.5.  (a) Notwithstanding any other provision of this chapter,
or Chapter 10 (commencing with Section 1900) or Chapter 11
(commencing with Section 1925) of Division 2, but subject to
subdivision (c), if any person obtains from the Secretary of the
Interior or the Secretary of Commerce an enhancement of survival
permit pursuant to subparagraph (A) of paragraph (1) of subdivision
(a) of Section 1539 of Title 16 of the United States Code that
authorizes the take of an endangered species, threatened species, or
candidate species that is listed pursuant to this chapter, no further
authorization or approval is necessary under this chapter for that
person to take that endangered species, threatened species, or
candidate species identified in, and in accordance with, the
enhancement of survival permit, if that person does both of the
following:
   (1) Notifies the director in writing that the person has received
an enhancement of survival permit issued pursuant to the federal
Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).
   (2) Includes in the notice to the director a copy of the
enhancement of survival permit.
   (b) Upon receipt of the notice specified in paragraph (1) of
subdivision (a), the director shall direct the publication of that
notice in the General Public Interest section of the California
Regulatory Notice Register.
   (c) Within 30 days after the director has received the notice
described in paragraph (1) of subdivision (b) that an enhancement of
survival permit has been issued pursuant to the federal Endangered
Species Act of 1973, the director shall determine whether the
enhancement of survival permit is consistent with the goals of this
chapter. If the director determines within that 30-day period, based
upon substantial evidence, that the enhancement of survival permit is
not consistent with the goals of this chapter, then the taking of
that species may only be authorized pursuant to this chapter.
   (d) The department shall immediately publish the determination
pursuant to subdivision (b) in the General Public Interest section of
the California Regulatory Notice Register.
   (e) Unless deleted or extended by a later enacted statute that is
chaptered before the date this section is repealed, this section
shall remain in effect only until, and is repealed on, the effective
date of an amendment to Section 1539 of Title 16 of the United States
Code that alters the requirements for issuing an enhancement of
survival permit, as applicable.