AB 353, as introduced, Lackey. Fish: fully protected species: taking or possession.
Existing law prohibits the taking or possession of any fully protected fish, except as provided. Under existing law, the Department of Fish and Wildlife is authorized to permit the taking of those species for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species.
This bill would make a nonsubstantive change to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 5515 of the Fish and Game Code is
2amended to read:
(a) (1) Except as provided in Section 2081.7 or 2835,
4fully protected fish or parts thereof may not be taken or possessed
5at any time. No provision of this code or any other law shall be
6construed to authorize the issuance of permits or licenses to take
7any fully protected fish, and no permits or licenses heretofore
8issued shall have any force or effect for that purpose. However,
P2 1the department may authorize the taking of those species for
2necessary scientific research, including efforts to recover fully
3protected, threatened, or endangered species.begin delete Prior toend deletebegin insert Beforeend insert
4 authorizing the take of any of those species, the
department shall
5make an effort to notify all affected and interested parties to solicit
6information and comments on the proposed authorization. The
7notification shall be published in the California Regulatory Notice
8Register and be made available to each person who has notified
9the department, in writing, of his or her interest in fully protected
10species and who has provided an e-mail address, if available, or
11postal address to the department. Affected and interested parties
12shall have 30 days after notification is published in the California
13Regulatory Notice Register to provide any relevant information
14and comments on the proposed authorization.
15(2) As used in this subdivision, “scientific research” does not
16include any actions taken as part of specified mitigation for a
17project, as defined in Section 21065 of the Public Resources Code.
18(3) Legally imported fully protected fish
or parts thereof may
19be possessed under a permit issued by the department.
20(b) The following are fully protected fish:
21(1) Colorado River squawfish (Ptychocheilus lucius).
22(2) Thicktail chub (Gila crassicauda).
23(3) Mohave chub (Gila mohavensis).
24(4) Lost River sucker (Catostomus luxatus).
25(5) Modoc sucker (Catostomus microps).
26(6) Shortnose sucker (Chasmistes brevirostris).
27(7) Humpback sucker (Xyrauchen texanus).
28(8) Owens River pupfish (Cyprinoden radiosus).
29(9) Unarmored threespine stickleback (Gasterosteus aculeatus
30williamsoni).
31(10) Rough sculpin (Cottus asperrimus).
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