Amended in Senate August 18, 2015

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 BillNo. 353


Introduced by Assembly Member Lackey

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(Principal coauthor: Senator Runner)

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February 17, 2015


An act to amend Section 5515 of, and to add Section 2081.6 to, the Fish and Game Code, relating tobegin delete fish.end deletebegin insert fish, and declaring the urgency thereof, to take effect immediately.end insert

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 restore, maintain, 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.

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.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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SECTION 1.  

The Legislature finds and declares that the
2environmental degradation of Bouquet Creek in Bouquet Canyon
3caused by a devastating wildfire in 2002 and the historic floods in
4the winter of 2004-05 has severely impacted the habitat of the
5unarmored threespine stickleback. In order to restore the
6environment for this fully protected species, the Los Angeles
7County Department of Public Works, the Los Angeles Department
8of Water and Power, and the United States Department of
9Agriculture, Forest Service, must be authorized to take the
10unarmored threespine stickleback to complete their environmental
11restoration project on Bouquet Creek in Bouquet Canyon.

12

SEC. 2.  

Section 2081.6 is added to the Fish and Game Code,
13to read:

14

2081.6.  

(a) The department may authorize, under this chapter,
15the take of the unarmored threespine stickleback (Gasterosteus
16aculeatus williamsoni) resulting from impacts attributable to the
17habitat restoration project to restore, maintain, and improve riparian
18habitat on public lands in the Bouquet Canyon area, and projects
19to restore the flow capacity to Bouquet Creek in Bouquet Canyon
20on public lands, undertaken by the Los Angeles County Department
21of Public Works, the Los Angeles Department of Water and Power,
22and the United States Department of Agriculture, Forest Service,
23if all of the following conditions are satisfied:

24(1) The take authorization is limited to the portion of Bouquet
25Creek located from the outlet of Bouquet Reservoir to the boundary
26of the Los Angeles National Forest.

P3    1(2) The department has determined that the appropriate
2agreements have been executed to address environmental impacts
3at the Bouquet Canyon area, including, but not limited to, Bouquet
4Creek.

5(3) The requirements of subdivisions (b) and (c) of Section 2081
6are satisfied for the take of the unarmored threespine stickleback.

7(4) The department ensures that all further measures necessary
8to satisfy the conservation standard of subdivision (d) of Section
92805 are incorporated into the projects.

10(5) A biologist will be on duty whenever an activity is conducted
11that may affect the unarmored threespine stickleback.

12(6) The take authorization provides for a monitoring program
13and for the development and implementation, in cooperation with
14federal and state agencies, of an adaptive management process for
15monitoring the effectiveness of, and adjusting, as necessary, the
16measures to minimize and fully mitigate the impacts of the
17authorized take.

18(7) The take authorization provides for the development and
19implementation, in cooperation with state and federal agencies, of
20an adaptive management process that substantially contributes to
21the long-term conservation of the unarmored threespine stickleback.

22(b) This section shall not be construed to exempt the projects
23described in subdivision (a) from any other law.

24(c) This section shall not be construed to affect the contractual
25obligations of the Los Angeles Department of Water and Power
26to provide water from Bouquet Reservoir.

27

SEC. 3.  

Section 5515 of the Fish and Game Code is amended
28to read:

29

5515.  

(a) (1) Except as provided in Section 2081.6, 2081.7,
30or 2835, fully protected fish or parts thereof may not be taken or
31possessed at any time. No provision of this code or any other law
32shall be construed to authorize the issuance of permits or licenses
33to take any fully protected fish, and no permits or licenses
34heretofore issued shall have any force or effect for that purpose.
35However, the department may authorize the taking of those species
36for necessary scientific research, including efforts to recover fully
37protected, threatened, or endangered species. Before authorizing
38the take of any of those species, the department shall make an
39effort to notify all affected and interested parties to solicit
40information and comments on the proposed authorization. The
P4    1notification shall be published in the California Regulatory Notice
2Register and be made available to each person who has notified
3the department, in writing, of his or her interest in fully protected
4species and who has provided an email address, if available, or
5postal address to the department. Affected and interested parties
6shall have 30 days after notification is published in the California
7Regulatory Notice Register to provide any relevant information
8and comments on the proposed authorization.

9(2) As used in this subdivision, “scientific research” does not
10include any actions taken as part of specified mitigation for a
11project, as defined in Section 21065 of the Public Resources Code.

12(3) Legally imported fully protected fish or parts thereof may
13be possessed under a permit issued by the department.

14(b) The following are fully protected fish:

15(1) Colorado River squawfish (Ptychocheilus lucius).

16(2) Thicktail chub (Gila crassicauda).

17(3) Mohave chub (Gila mohavensis).

18(4) Lost River sucker (Catostomus luxatus).

19(5) Modoc sucker (Catostomus microps).

20(6) Shortnose sucker (Chasmistes brevirostris).

21(7) Humpback sucker (Xyrauchen texanus).

22(8) Owens River pupfish (Cyprinoden radiosus).

23(9) Unarmored threespine stickleback (Gasterosteus aculeatus
24williamsoni).

25(10) Rough sculpin (Cottus asperrimus).

26

SEC. 3.5.  

Section 5515 of the Fish and Game Code is amended
27to read:

28

5515.  

(a) (1) Except as provided in this section, Section
292081.6, Section 2081.7, or Section 2835, a fully protected fish may
30not be taken or possessed at any time. No provision of this code
31or any other law shall be construed to authorize the issuance of a
32permit or license to take a fully protected fish, and no permit or
33 license previously issued shall have force or effect for that purpose.
34However, the department may authorize the taking of a fully
35protected fish for necessary scientific research, including efforts
36to recover fully protected, threatened, or endangered species.
37Before authorizing the take of a fully protected fish, the department
38shall make an effort to notify all affected and interested parties to
39solicit information and comments on the proposed authorization.
40The notification shall be published in the California Regulatory
P5    1Notice Register and be made available to each person who has
2notified the department, in writing, of his or her interest in fully
3protected species and who has provided an email address, if
4available, or postal address to the department. Affected and
5interested parties shall have 30 days after notification is published
6in the California Regulatory Notice Register to provide relevant
7information and comments on the proposed authorization.

8(2) As used in this subdivision, “scientific research” does not
9include an action taken as part of specified mitigation for a project,
10as defined in Section 21065 of the Public Resources Code.

11(3) A legally imported fully protected fish may be possessed
12under a permit issued by the department.

13(b) The following are fully protected fish:

14(1) Colorado River squawfish (Ptychocheilus lucius).

15(2) Thicktail chub (Gila crassicauda).

16(3) Mohave chub (Gila mohavensis).

17(4) Lost River sucker (Catostomus luxatus).

18(5) Modoc sucker (Catostomus microps).

19(6) Shortnose sucker (Chasmistes brevirostris).

20(7) Humpback sucker (Xyrauchen texanus).

21(8) Owens River pupfish (Cyprinoden radiosus).

22(9) Unarmored threespine stickleback (Gasterosteus aculeatus
23 williamsoni).

24(10) Rough sculpin (Cottus asperrimus).

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SEC. 4.  

Section 3.5 of this bill incorporates amendments to
26Section 5515 of the Fish and Game Code proposed by both this
27bill and Assembly Bill 1527. It shall only become operative if (1)
28both bills are enacted and become effective on or before January
291, 2016, (2) each bill amends Section 5515 of the Fish and Game
30Code, and (3) this bill is enacted after Assembly Bill 1527, in
31which case Section 3 of this bill shall not become operative.

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Section 3.5 of this bill incorporates amendments to
33Section 5515 of the Fish and Game Code proposed by both this
34bill and Assembly Bill 1527. It shall only become operative if (1)
35both bills are enacted and become effective on or before January
361, 2016, but this bill becomes operative first, (2) each bill amends
37Section 5515 of the Fish and Game Code, and (3) this bill is
38enacted after Assembly Bill 1527, in which case Section 5515 of
39the Fish and Game Code, as amended by Section 3 of this bill,
40shall remain operative only until the operative date of Assembly
P6    1Bill 1527, at which time Section 3.5 of this bill shall become
2operative.

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This act is an urgency statute necessary for the
4immediate preservation of the public peace, health, or safety within
5the meaning of Article IV of the Constitution and shall go into
6immediate effect. The facts constituting the necessity are:

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7In order for the unarmored threespine stickleback habitat
8restoration project in Bouquet Canyon Creek proposed by the Los
9Angeles County Department of Public Works to receive a take
10permit from the Department of Fish and Wildlife so that this project
11may begin as soon as possible, it is necessary for this act to take
12effect immediately.

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