BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1349|
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                                 THIRD READING


          Bill No:  SB 1349
          Author:   Cogdill (R)
          Amended:  6/1/10
          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 amends the State Endangered Species  
          Act to allow an experimental population of Chinook salmon  
          to be reintroduced into the San Joaquin River as part of a  
          settlement approved by Congress.

           Senate Floor Analyses  of 6/1/10 add findings, the criteria  
          that apply to the experimental population, the process that  
          the Department of Fish and Game follows if a federal  
          wildlife agency designates an experimental population of  
          salmon, the conservation criteria from the state endangered  
          species at that apply, public notice provision, and other  
          criteria.

           ANALYSIS  :    The California Endangered Species Act (CESA)  
                                                           CONTINUED





                                                               SB 1349
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          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  
          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 the Department 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 all  
          of the following provisions are met: (1) that person shall  
          notify the director in writing that the person ahs received  
          an enhancement of survival permit and include in the  
          notification o a copy of the permit; (2) upon receipt of  
          the notice the director shall immediately have the notice  
          published in the general Public Interest section of the  
          California Regulatory Notice Register; (3) within t30 days  
          after the director has received the notice, the director  
          shall determine whether the enhancement of survival permit  
          will further the conservation of the species; (4) the  
          director shall immediately have the determination published  
          n the general Public Interest section of the California  
          Regulatory Notice Register; (i) the timing and extent of a  
          take authorization shall be limited to the terms in the  
          federal enhancement of survival permit and shall expire  
          upon the expiration of the federal permit.  







                                                               SB 1349
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          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  6/1/10)

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

           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  
          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:do  6/1/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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