BILL ANALYSIS                                                                                                                                                                                                    

                                                                  SB 1349
                                                                  Page  1

          Date of Hearing:   August 4, 2010

                                Felipe Fuentes, Chair

                   SB 1349 (Cogdill) - As Amended:  June 24, 2010 

          Policy Committee:                              Water, Parks and  
          Wildlife     Vote:                            13-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No


          This bill amends the California Endangered Species Act to allow  
          the "take" (meaning death, pursuit or harm) of a certain  
          population of Chinook salmon to be reintroduced as part of the  
          San Joaquin River restoration.  Specifically, this bill  
          authorizes the Department of Fish and Game (DFG) to allow the  
          take of an experimental population of San Joaquin River spring  
          run Chinook salmon if DFG finds either of the following:

          1)An enhancement survival permit issued by the National Marine  
            Fisheries Service (NMFS) for the experimental population will  
            further the conservation of the species.  (Such permits are  
            issued for activities such as scientific collection and  

          2)Certain regulations for management and protection of the  
            species, issued by NMFS, include measure adequate to avoid  
            threatening the existence or recovery of the experimental  

           FISCAL EFFECT 

          Negligible costs to DFG.


           1)Rationale  .  According to DFG (sponsor), this bill simplifies  
            the reintroduction of Chinook salmon to the San Joaquin River.  
             This is because, under current law, public and private land  
            owners who receive take protection under federal rules, such  
            as rules governing reintroduction of the Chinook salmon, might  


                                                                  SB 1349
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            still face take restrictions related to that same species  
            under CESA.  DFG describes this bill as giving it the  
            flexibility, when appropriate, to sidestep the need for  
            landowners who have federal take exemptions for Chinook salmon  
            to apply for similar exemptions under CESA.  

           2)Background-San Joaquin River Restoration  .  Friant Dam is  
            located on the San Joaquin River in Fresno County.  Its main  
            use is as an agricultural reservoir.  In 1988 the Natural  
            Resources Defense Council sued the federal Bureau of  
            Reclamation (the operator of Friant Dam) and the Friant Water  
            Users Association (FUWA), alleging that the operation of  
            Friant Dam violates the state's Fish and Game Code. In August  
            2006, the parties reached a settlement agreement, the goal of  
            which is to restore and maintain fish populations in the San  
            Joaquin River below the dam.  

            Under the Federal Endangered Species Act (FESA), a federal  
            agency may release an endangered or threatened species outside  
            the specie's current range if the Secretaries of Interior or  
            Commerce, as appropriate, determine that such release will  
            further conservation of the species.  Such a release is known  
            as an "experimental population" and will part of the San  
            Joaquin River restoration.
           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081