Amended in Senate May 11, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1845


Introduced by Assembly Member Dahle

February 9, 2016


An act to amend Section 5515 of, and to add Section 2081.4 to, the Fish and Game Code, relating to fish.

LEGISLATIVE COUNSEL’S DIGEST

AB 1845, as amended, 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 tobegin delete repairingend deletebegin insert replacingend insert 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:

P1    1

SECTION 1.  

The Legislature finds and declares as follows:

P2    1(a) The Spring Creek Bridge at Fall River is an old,begin delete 150 foot
2longend delete
begin insert 150-foot-longend insert multispan wood structure that is constantly
3exposed to water and in a constant state of decay requiring
4significant and ongoing maintenance.

5(b) The bridge provides access to ranches, residences, and
6United States Forest Service lands. If the existing Spring Creek
7Bridge fails, traffic will be detoured on to United States Forest
8Service roads and private, unpaved roads that may be impassable
9in winter months.

10(c) In order to maintain access to these lands, the County of
11Shasta must be authorized to take the rough sculpin to replace the
12Spring Creek Bridge at Fall River.

13

SEC. 2.  

Section 2081.4 is added to the Fish and Game Code,
14to read:

15

2081.4.  

(a) The department may authorize, under this chapter,
16the take of the rough sculpin (Cottus asperrimus) resulting from
17impacts attributable tobegin delete repairingend deletebegin insert replacingend insert the Spring Creek Bridge
18in the County of Shasta, if all of the following conditions are
19satisfied:

20(1) The requirements of subdivisions (b) and (c) of Section 2081
21are satisfied for the take of the rough sculpin.

22(2) The department ensures that all further measures necessary
23to satisfy the conservation standard of subdivision (d) of Section
242805 are incorporated into the project.

25(b) This section shall not be construed to exempt the project
26described in subdivision (a) from any other law.

27

SEC. 3.  

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

29

5515.  

(a) (1) Except as provided in this section,begin insert orend insert Section
302081.4,begin delete Sectionend delete 2081.6,begin delete Sectionend delete 2081.7, orbegin delete Sectionend delete 2835, a fully
31protected fish may not be taken or possessed at any time. No
32provision of this code or any other law shall be construed to
33authorize the issuance of a permit or license to take a fully
34protected fish, and no permit or license previously issued shall
35have force or effect for that purpose. However, the department
36may authorize the taking of a fully protected fish for necessary
37scientific research, including efforts to recover fully protected,
38threatened, or endangered species. Before authorizing the take of
39a fully protected fish, the department shall make an effort to notify
40all affected and interested parties to solicit information and
P3    1comments on the proposed authorization. The notification shall
2be published in the California Regulatory Notice Register and be
3made available to each person who has notified the department,
4in writing, of his or her interest in fully protected species and who
5has provided an email address, if available, or postal address to
6the department. Affected and interested parties shall have 30 days
7after notification is published in the California Regulatory Notice
8Register to provide relevant information and comments on the
9proposed authorization.

10(2) As used in this subdivision, “scientific research” does not
11include an action taken as part of specified mitigation for a project,
12as defined in Section 21065 of the Public Resources Code.

13(3) A legally imported fully protected fish may be possessed
14under a permit issued by the department.

15(b) The following are fully protected fish:

16(1) Colorado River squawfish (Ptychocheilus lucius).

17(2) Thicktail chub (Gila crassicauda).

18(3) Mohave chub (Gila mohavensis).

19(4) Lost River sucker (Catostomus luxatus).

20(5) Modoc sucker (Catostomus microps).

21(6) Shortnose sucker (Chasmistes brevirostris).

22(7) Humpback sucker (Xyrauchen texanus).

23(8) Owens River pupfish (Cyprinoden radiosus).

24(9) Unarmored threespine stickleback (Gasterosteus aculeatus
25williamsoni).

26(10) Rough sculpin (Cottus asperrimus).



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