BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1349| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 1349 Author: Cogdill (R) Amended: 6/24/10 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 SENATE FLOOR : 36-0, 6/2/10 AYES: Aanestad, Alquist, Ashburn, Calderon, Cedillo, Cogdill, Corbett, Correa, Cox, Denham, DeSaulnier, Ducheny, Dutton, Florez, Hancock, Harman, Hollingsworth, Huff, Kehoe, Leno, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Romero, Runner, Simitian, Steinberg, Strickland, Walters, Wolk, Wright, Wyland, Yee NO VOTE RECORDED: Oropeza, Wiggins, Vacancy, Vacancy ASSEMBLY FLOOR : 78-0, 8/12/10 - See last page for vote 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 CONTINUED SB 1349 Page 2 settlement approved by Congress. Assembly Amendments are technical. 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 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 has received an enhancement of survival permit and include in the notification of 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 30 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 SB 1349 Page 3 n the general Public Interest section of the California Regulatory Notice Register; (5) 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. 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 8/16/10) 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." ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield, Bradford, Brownley, Buchanan, Caballero, SB 1349 Page 4 Charles Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra Strickland, Swanson, Torlakson, Torres, Torrico, Tran, Villines, Yamada, John A. Perez NO VOTE RECORDED: Norby, Vacancy CTW:do 8/17/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****