BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  SB 1349|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  SB 1349
          Author:   Cogdill (R)
          Amended:  4/13/10
          Vote:     21

           
           SENATE NATURAL RES. & WATER COMMITTEE  :  8-0, 3/23/10
          AYES:  Pavley, Cogdill, Hollingsworth, Huff, Kehoe,  
            Lowenthal, Simitian, Wolk
          NO VOTE RECORDED:  Padilla

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Endangered species:  experimental populations

           SOURCE  :     Department of Fish and Game


           DIGEST  :    This bill permits the take of spring run Chinook  
          salmon as long as a federal permit is obtained as  
          specified.

           ANALYSIS  :    The California Endangered Species Act (CESA)  
          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 (FESA) that authorizes the  
                                                           CONTINUED





                                                               SB 1349
                                                                Page  
          2

          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 provides that a person who obtains a federal  
          enhancement of survival permit that authorizes the take of  
          spring run Chinook salmon that has been designated as an  
          experimental population pursuant to FESA, requires no  
          further authorization or approval under CESA for that  
          person to take that species as identified in, and in  
          accordance with, the enhancement of survival permit, if  
          that person notifies the director of the enhancement of  
          survival permit.  The provisions of the bill remain in  
          effect only until the effective date of an amendment to  
          FESA that alters the requirements for issuing an  
          enhancement of survival permit.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  4/27/10)

          Department of Fish and Game (source)
          Association of California Water Agencies
          California Chamber of Commerce
          California Farm Bureau Federation
          Western Growers

           OPPOSITION  :    (Verified  4/27/10)

          The Sierra Club

           ARGUMENTS IN SUPPORT  :    The California Chamber of Commerce  
          states, "After an 18 year-long lawsuit, the San Joaquin  
          River will resume its historic flow.  As a part of the  
          settlement, the spring-run Chinook salmon must be  







                                                               SB 1349
                                                                Page  
          3

          reintroduced into the San Joaquin River.  Chinook salmon  
          are protected under the state and federal Endangered  
          Species Acts.  Under federal law, the population that will  
          be reintroduced will be classified as and "experimental  
          population" which under federal law allows take if the  
          Secretary of Commerce deems it necessary.  The state has no  
          comparable provision.  SB 1349, permits take of spring-run  
          Chinook as long as a federal permit is obtained.  There are  
          other activities that must be undertaken to ensure the  
          terms of the settlement are met which cold lead to some  
          fish mortality.  Without take authorization the restoration  
          process will be further complicated and delayed while state  
          permits are being obtained.  The delays may be contrary to  
          the time frames specified in the settlement agreement."


          CTW:DLW:do  4/27/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****