AB 1845, as introduced, Dahle. Protected species: take: rough sculpin.
Existing law prohibits the taking or possession of any fully protected fish, except as provided, and designates the rough sculpin 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 rough sculpin (Cottus asperrimus) resulting from impacts attributable to repairing the Spring Creek Bridge in the County of Shasta if certain conditions are satisfied.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares as follows:
2(a) The Spring Creek Bridge at Fall River is an old, 150 foot
3long multispan wood structure that is constantly exposed to water
P2 1and in a constant state of decay requiring significant and ongoing
2maintenance.
3(b) The bridge provides access to ranches, residences, and
4United States Forest Service lands. If the existing Spring Creek
5Bridge fails, traffic will be detoured on to United States Forest
6Service roads and private, unpaved roads that may be impassable
7in winter months.
8(c) In order to maintain access to these lands, the County of
9Shasta must be authorized
to take the rough sculpin to replace the
10Spring Creek Bridge at Fall River.
Section 2081.4 is added to the Fish and Game Code,
12to read:
(a) The department may authorize, under this chapter,
14the take of the rough sculpin (Cottus asperrimus) resulting from
15impacts attributable to repairing the Spring Creek Bridge in the
16County of Shasta, if all of the following conditions are satisfied:
17(1) The requirements of subdivisions (b) and (c) of Section 2081
18are satisfied for the take of the rough sculpin.
19(2) The department ensures that all further measures necessary
20to satisfy the conservation standard of subdivision (d) of Section
212805 are incorporated into the project.
22(b) This section shall not be construed to exempt the project
23described in subdivision
(a) from any other law.
Section 5515 of the Fish and Game Code is amended
25to read:
(a) (1) Except as provided in this section,begin insert Section
272081.4,end insert Section 2081.6, Section 2081.7, or Section 2835, a fully
28protected fish may not be taken or possessed at any time. No
29provision of this code or any other law shall be construed to
30authorize the issuance of a permit or license to take a fully
31protected fish, and no permit or license previously issued shall
32have force or effect for that purpose. However, the department
33may authorize the taking of a fully protected fish for necessary
34scientific research, including efforts to recover fully protected,
35threatened, or endangered species. Before authorizing the take of
36a fully protected fish, the department shall make an effort to notify
37all affected
and interested parties to solicit information and
38comments on the proposed authorization. The notification shall
39be published in the California Regulatory Notice Register and be
40made available to each person who has notified the department,
P3 1in writing, of his or her interest in fully protected species and who
2has provided an email address, if available, or postal address to
3the department. Affected and interested parties shall have 30 days
4after notification is published in the California Regulatory Notice
5Register to provide relevant information and comments on the
6proposed authorization.
7(2) As used in this subdivision, “scientific research” does not
8include an action taken as part of specified mitigation for a project,
9as defined in Section 21065 of the Public Resources Code.
10(3) A legally imported fully protected fish may be possessed
11under a permit issued by the
department.
12(b) The following are fully protected fish:
13(1) Colorado River squawfish (Ptychocheilus lucius).
14(2) Thicktail chub (Gila crassicauda).
15(3) Mohave chub (Gila mohavensis).
16(4) Lost River sucker (Catostomus luxatus).
17(5) Modoc sucker (Catostomus microps).
18(6) Shortnose sucker (Chasmistes brevirostris).
19(7) Humpback sucker (Xyrauchen texanus).
20(8) Owens River pupfish (Cyprinoden radiosus).
21(9) Unarmored threespine stickleback (Gasterosteus aculeatus
22williamsoni).
23(10) Rough sculpin (Cottus asperrimus).
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