Amended in Senate July 16, 2015

Amended in Assembly April 22, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 353

Introduced by Assembly Member Lackey

February 17, 2015

An act to amend Section 5515 of, and to add Section 2081.6 to, the Fish and Game Code, relating to fish.

LEGISLATIVE COUNSEL’S DIGEST

AB 353, as amended, Lackey. Protected species: take: Bouquet Canyon: habitat restoration project.

Existing law prohibits the taking or possession of any fully protected fish, except as provided, and designates the unarmored threespine stickleback as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife 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.

This bill would permit the department to authorize, under the California Endangered Species Act, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) resulting from impacts attributable to the habitat restoration project to begin delete restore end delete begin insert restore, maintain, end insert and improve riparian habitat on public lands in the Bouquet Canyon area, and projects to restore the flow capacity to Bouquet Creek in Bouquet Canyon on public lands, as specified, if certain conditions are satisfied.

begin insert

This bill would incorporate additional changes in Section 5515 of the Fish and Game Code, proposed by AB 1527, to be operative only if AB 1527 and this bill are chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares that the
environmental degradation of Bouquet Creek in Bouquet Canyon
caused by a devastating wildfire in 2002 and the historic floods in
the winter of 2004-05 has severely impacted the habitat of the
unarmored threespine stickleback. In order to restore the
environment for this fully protected species, the Los Angeles
County Department of Public Works, the Los Angeles Department
of Water and Power, and the United States Department of
Agriculture, Forest Service, must be authorized to take the
unarmored threespine stickleback to complete their environmental
restoration project on Bouquet Creek in Bouquet Canyon.

SEC. 2.  

Section 2081.6 is added to the Fish and Game Code,
to read:

2081.6.  

begin insert (a) end insert begin insert   end insert The department may authorize, under this chapter,
the take of the unarmored threespine stickleback (Gasterosteus
aculeatus williamsoni) resulting from impacts attributable to the
habitat restoration project to begin delete restore end delete begin insert restore, maintain, end insert and improve
riparian habitat on public lands in the Bouquet Canyon area, and
projects to restore the flow capacity to Bouquet Creek in Bouquet
Canyon on public lands, undertaken by the Los Angeles County
Department of Public Works, the Los Angeles Department of
Water and Power, and the United States Department of Agriculture,
Forest Service, if all of the following conditions are satisfied:

begin insert

(1) The take authorization is limited to the portion of Bouquet
Creek located from the outlet of Bouquet Reservoir to the boundary
of the Los Angeles National Forest.

end insert begin delete

(a)

end delete

begin insert ( end insert begin insert 2) end insert  The department has determined that the appropriate
agreements have been executed to address environmental impacts
at the Bouquet Canyon area, including, but not limited to, Bouquet
Creek.

begin delete

(b)

end delete

begin insert ( end insert begin insert 3) end insert  The requirements of subdivisions (b) and (c) of Section 2081
are satisfied for the take of the unarmored threespine stickleback.

begin insert

(4) The department ensures that all further measures necessary
to satisfy the conservation standard of subdivision (d) of Section
2805 are incorporated into the projects.

end insert begin insert

(5) A biologist will be on duty whenever an activity is conducted
that may affect the unarmored threespine stickleback.

end insert begin delete

(c)

end delete

begin insert ( end insert begin insert 6) end insert  The take authorization provides begin insert for a monitoring program
and end insert for the development and implementation, in cooperation with
federal and state agencies, of an adaptive management process for
monitoring the effectiveness of, and adjusting, as necessary, the
measures to minimize and fully mitigate the impacts of the
authorized take. begin delete The adjusted measures are subject to Section
2052.1. end delete

begin delete

(d)

end delete

begin insert ( end insert begin insert 7) end insert  The take authorization provides for the development and
implementation, in cooperation with state and federal agencies, of
an adaptive management process that substantially contributes to
the long-term conservation of the unarmored threespine stickleback.

begin insert

(b) This section shall not be construed to exempt the projects
described in subdivision (a) from any other law.

end insert begin insert

(c) This section shall not be construed to affect the contractual
obligations of the Los Angeles Department of Water and Power
to provide water from Bouquet Reservoir.

end insert

SEC. 3.  

Section 5515 of the Fish and Game Code is amended
to read:

5515.  

(a) (1) Except as provided in Section 2081.6, 2081.7,
or 2835, fully protected fish or parts thereof may not be taken or
possessed at any time. No provision of this code or any other law
shall be construed to authorize the issuance of permits or licenses
to take any fully protected fish, and no permits or licenses
heretofore issued shall have any force or effect for that purpose.
However, the department may authorize the taking of those species
for necessary scientific research, including efforts to recover fully
protected, threatened, or endangered species. Before authorizing
the take of any of those species, the department shall make an
effort to notify all affected and interested parties to solicit
information and comments on the proposed authorization. The
notification shall be published in the California Regulatory Notice
Register and be made available to each person who has notified
the department, in writing, of his or her interest in fully protected
species and who has provided an begin delete e-mail end delete begin insert email end insert address, if available,
or postal address to the department. Affected and interested parties
shall have 30 days after notification is published in the California
Regulatory Notice Register to provide any relevant information
and comments on the proposed authorization.

(2) As used in this subdivision, “scientific research” does not
include any actions taken as part of specified mitigation for a
project, as defined in Section 21065 of the Public Resources Code.

(3) Legally imported fully protected fish or parts thereof may
be possessed under a permit issued by the department.

(b) The following are fully protected fish:

(1) Colorado River squawfish (Ptychocheilus lucius).

(2) Thicktail chub (Gila crassicauda).

(3) Mohave chub (Gila mohavensis).

(4) Lost River sucker (Catostomus luxatus).

(5) Modoc sucker (Catostomus microps).

(6) Shortnose sucker (Chasmistes brevirostris).

(7) Humpback sucker (Xyrauchen texanus).

(8) Owens River pupfish (Cyprinoden radiosus).

(9) Unarmored threespine stickleback (Gasterosteus aculeatus
williamsoni).

(10) Rough sculpin (Cottus asperrimus).

begin insert

begin insert SEC. 3.5. end insert   

end insert

begin insert Section 5515 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

5515.  

(a) (1) Except as provided in begin insert this section, Section
2081.6, end insert Section begin delete 2081.7 end delete begin insert 2081.7, end insert or begin insert Section end insert 2835, begin insert a end insert fully protected
fish begin delete or parts thereof end delete may not be taken or possessed at any time.
No provision of this code or any other law shall be construed to
authorize the issuance of begin delete permits end delete begin insert a permit end insert or begin delete licenses end delete begin insert license end insert to
take begin delete any end delete begin insert a end insert fully protected fish, and no begin delete permits end delete begin insert permit end insert or begin delete licenses
heretofore end delete begin insert license previously end insert issued shall have begin delete any end delete force or effect
for that purpose. However, the department may authorize the taking
of begin delete those species end delete begin insert a fully protected fish end insert for necessary scientific
research, including efforts to recover fully protected, threatened,
or endangered species. begin delete Prior to end delete begin insert Before end insert authorizing the take of begin delete any
of those species, end delete begin insert a fully protected fish, end insert the department shall make
an effort to notify all affected and interested parties to solicit
information and comments on the proposed authorization. The
notification shall be published in the California Regulatory Notice
Register and be made available to each person who has notified
the department, in writing, of his or her interest in fully protected
species and who has provided an begin delete e-mail end delete begin insert email end insert address, if available,
or postal address to the department. Affected and interested parties
shall have 30 days after notification is published in the California
Regulatory Notice Register to provide begin delete any end delete relevant information
and comments on the proposed authorization.

(2) As used in this subdivision, “scientific research” does not
include begin delete any actions end delete begin insert an action end insert taken as part of specified mitigation
for a project, as defined in Section 21065 of the Public Resources
Code.

(3)  begin delete Legally end delete begin insert A legally end insert imported fully protected fish begin delete or parts
thereof end delete may be possessed under a permit issued by the department.

(b) The following are fully protected fish:

(1) Colorado River squawfish (Ptychocheilus lucius).

(2) Thicktail chub (Gila crassicauda).

(3) Mohave chub (Gila mohavensis).

(4) Lost River sucker (Catostomus luxatus).

(5) Modoc sucker (Catostomus microps).

(6) Shortnose sucker (Chasmistes brevirostris).

(7) Humpback sucker (Xyrauchen texanus).

(8) Owens River pupfish (Cyprinoden radiosus).

(9) Unarmored threespine stickleback (Gasterosteus aculeatus
williamsoni).

(10) Rough sculpin (Cottus asperrimus).

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

Section 3.5 of this bill incorporates amendments to
Section 5515 of the Fish and Game Code proposed by both this
bill and Assembly Bill 1527. It shall only become operative if (1)
both bills are enacted and become effective on or before January
1, 2016, (2) each bill amends Section 5515 of the Fish and Game
Code, and (3) this bill is enacted after Assembly Bill 1527, in which
case Section 3 of this bill shall not become operative.

end insert