Amended in Senate August 2, 2016

Amended in Senate June 20, 2016

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 to replacing the Spring Creek Bridge in the County of Shasta if certain conditions are satisfied.

begin insert

This bill would incorporate additional changes to Section 5515 of the Fish and Game Code, proposed by AB 2001 and AB 2488, that would become operative only if this bill and either or both of those bills are chaptered and become effective on or before January 1, 2017, 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:

P2    1

SECTION 1.  

The Legislature finds and declares as follows:

2(a) The Spring Creek Bridge at Fall River is an old,
3150-foot-long multispan wood structure that is constantly exposed
4to water and in a constant state of decay requiring significant and
5ongoing maintenance.

6(b) The bridge provides access to ranches, residences, and
7United States Forest Service lands. If the existing Spring Creek
8Bridge fails, traffic will be detoured on to United States Forest
9Service roads and private, unpaved roads that may be impassable
10in winter months.

11(c) In order to maintain access to these lands, the County of
12Shasta must be authorized to take the rough sculpin to replace the
13Spring Creek Bridge at Fall River.

14

SEC. 2.  

Section 2081.4 is added to the Fish and Game Code,
15to read:

16

2081.4.  

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

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(3) The take authorization provides for the development and
26implementation, in cooperation with federal and state agencies, of
27a monitoring program and an adaptive management process until
28the department determines that any impacts resulting from the
29replacement of the Spring Creek Bridge have been fully mitigated.

30(b) This section shall not be construed to exempt the project
31described in subdivision (a) from any other law.

32

SEC. 3.  

Section 5515 of the Fish and Game Code is amended
33to read:

34

5515.  

(a) (1) Except as provided in thisbegin delete section, orend deletebegin insert section orend insert
35 Section 2081.4, 2081.6, 2081.7, or 2835, a fully protected fishbegin delete mayend delete
P3    1begin insert shallend insert not be taken or possessed at any time. No provision of this
2code or any other law shall be construed to authorize the issuance
3of a permit or license to take a fully protected fish, and no permit
4or license previously issued shall have force or effect for that
5 purpose. However, the department may authorize the taking of a
6fully protected fish for necessary scientific research, including
7efforts to recover fully protected, threatened, or endangered species.
8Before authorizing the take of a fully protected fish, the department
9shall make an effort to notify all affected and interested parties to
10solicit information and comments on the proposed authorization.
11The notification shall be published in the California Regulatory
12Notice Register and be made available to each person who has
13notified the department, in writing, of his or her interest in fully
14protected species and who has provided an email address, if
15available, or postal address to the department. Affected and
16interested parties shall have 30 days after notification is published
17in the California Regulatory Notice Register to provide relevant
18information and comments on the proposed authorization.

19(2) As used in this subdivision, “scientific research” does not
20include an action taken as part of specified mitigation for a project,
21as defined in Section 21065 of the Public Resources Code.

22(3) A legally imported fully protected fish may be possessed
23under a permit issued by the department.

24(b) The following are fully protected fish:

25(1) Colorado River squawfish (Ptychocheilus lucius).

26(2) Thicktail chub (Gila crassicauda).

27(3) Mohave chub (Gila mohavensis).

28(4) Lost River sucker (Catostomus luxatus).

29(5) Modoc sucker (Catostomus microps).

30(6) Shortnose sucker (Chasmistes brevirostris).

31(7) Humpback sucker (Xyrauchen texanus).

32(8) Owens River pupfish (Cyprinoden radiosus).

33(9) Unarmored threespine stickleback (Gasterosteus aculeatus
34williamsoni).

35(10) Rough sculpin (Cottus asperrimus).

36begin insert

begin insertSEC. 3.1.end insert  

end insert

begin insertSection 5515 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
37to read:end insert

38

5515.  

(a) (1) Except as provided in thisbegin delete section,end deletebegin insert section orend insert
39 Sectionbegin insert 2081.4,end insert 2081.6,begin delete Sectionend delete 2081.7,begin insert 2089.7,end insert orbegin delete Sectionend delete 2835,
40a fully protected fishbegin delete mayend deletebegin insert shallend insert not be taken or possessed at any
P4    1time. No provision of this code or any other law shall be construed
2to authorize the issuance of a permit or license to take a fully
3protected fish, and no permit or license previously issued shall
4have force or effect for that purpose. However, the department
5may authorize the taking of a fully protected fish for necessary
6scientific research, including efforts to recover fully protected,
7threatened, or endangered species. Before authorizing the take of
8a fully protected fish, the department shall make an effort to notify
9all affected and interested parties to solicit information and
10comments on the proposed authorization. The notification shall
11be published in the California Regulatory Notice Register and be
12made available to each person who has notified the department,
13in writing, of his or her interest in fully protected species and who
14has provided an email address, if available, or postal address to
15the department. Affected and interested parties shall have 30 days
16after notification is published in the California Regulatory Notice
17Register to provide relevant information and comments on the
18proposed authorization.

19(2) As used in this subdivision, “scientific research” does not
20include an action taken as part of specified mitigation for a project,
21as defined in Section 21065 of the Public Resources Code.

22(3) A legally imported fully protected fish may be possessed
23under a permit issued by the department.

24(b) The following are fully protected fish:

25(1) Colorado River squawfish (Ptychocheilus lucius).

26(2) Thicktail chub (Gila crassicauda).

27(3) Mohave chub (Gila mohavensis).

28(4) Lost River sucker (Catostomus luxatus).

29(5) Modoc sucker (Catostomus microps).

30(6) Shortnose sucker (Chasmistes brevirostris).

31(7) Humpback sucker (Xyrauchen texanus).

32(8) Owensbegin delete Riverend delete pupfish (Cyprinoden radiosus).

33(9) Unarmored threespine stickleback (Gasterosteus aculeatus
34williamsoni).

35(10) Rough sculpin (Cottus asperrimus).

36begin insert

begin insertSEC. 3.2.end insert  

end insert

begin insertSection 5515 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
37to read:end insert

38

5515.  

(a) (1) Except as provided in thisbegin delete section,end deletebegin insert section orend insert
39 Sectionbegin insert 2081.4,end insert 2081.6,begin delete Sectionend delete 2081.7,begin insert 2081.10end insert orbegin delete Sectionend delete 2835,
40a fully protected fishbegin delete mayend deletebegin insert shallend insert not be taken or possessed at any
P5    1time. No provision of this code or any other law shall be construed
2to authorize the issuance of a permit or license to take a fully
3protected fish, and no permit or license previously issued shall
4have force or effect for that purpose. However, the department
5may authorize the taking of a fully protected fish for necessary
6scientific research, including efforts to recover fully protected,
7threatened, or endangered species. Before authorizing the take of
8a fully protected fish, the department shall make an effort to notify
9all affected and interested parties to solicit information and
10comments on the proposed authorization. The notification shall
11be published in the California Regulatory Notice Register and be
12made available to each person who has notified the department,
13in writing, of his or her interest in fully protected species and who
14has provided an email address, if available, or postal address to
15the department. Affected and interested parties shall have 30 days
16after notification is published in the California Regulatory Notice
17Register to provide relevant information and comments on the
18proposed authorization.

19(2) As used in this subdivision, “scientific research” does not
20include an action taken as part of specified mitigation for a project,
21as defined in Section 21065 of the Public Resources Code.

22(3) A legally imported fully protected fish may be possessed
23under a permit issued by the department.

24(b) The following are fully protected fish:

25(1) Colorado River squawfish (Ptychocheilus lucius).

26(2) Thicktail chub (Gila crassicauda).

27(3) Mohave chub (Gila mohavensis).

28(4) Lost River sucker (Catostomus luxatus).

29(5) Modoc sucker (Catostomus microps).

30(6) Shortnose sucker (Chasmistes brevirostris).

31(7) Humpback sucker (Xyrauchen texanus).

32(8) Owens River pupfish (Cyprinoden radiosus).

33(9) Unarmored threespine stickleback (Gasterosteus aculeatus
34williamsoni).

35(10) Rough sculpin (Cottus asperrimus).

36begin insert

begin insertSEC. 3.3.end insert  

end insert

begin insertSection 5515 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
37to read:end insert

38

5515.  

(a) (1) Except as provided in thisbegin delete section,end deletebegin insert section orend insert
39 Sectionbegin insert 2081.4,end insert 2081.6,begin delete Sectionend delete 2081.7,begin insert 2081.10, 2089.7,end insert or
40begin delete Sectionend delete 2835, a fully protected fishbegin delete mayend deletebegin insert shallend insert not be taken or
P6    1possessed at any time. No provision of this code or any other law
2shall be construed to authorize the issuance of a permit or license
3to take a fully protected fish, and no permit or license previously
4issued shall have force or effect for that purpose. However, the
5department may authorize the taking of a fully protected fish for
6necessary scientific research, including efforts to recover fully
7protected, threatened, or endangered species. Before authorizing
8the take of a fully protected fish, the department shall make an
9effort to notify all affected and interested parties to solicit
10information and comments on the proposed authorization. The
11notification shall be published in the California Regulatory Notice
12Register and be made available to each person who has notified
13the department, in writing, of his or her interest in fully protected
14species and who has provided an email address, if available, or
15postal address to the department. Affected and interested parties
16shall have 30 days after notification is published in the California
17Regulatory Notice Register to provide relevant information and
18comments on the proposed authorization.

19(2) As used in this subdivision, “scientific research” does not
20include an action taken as part of specified mitigation for a project,
21as defined in Section 21065 of the Public Resources Code.

22(3) A legally imported fully protected fish may be possessed
23under a permit issued by the department.

24(b) The following are fully protected fish:

25(1) Colorado River squawfish (Ptychocheilus lucius).

26(2) Thicktail chub (Gila crassicauda).

27(3) Mohave chub (Gila mohavensis).

28(4) Lost River sucker (Catostomus luxatus).

29(5) Modoc sucker (Catostomus microps).

30(6) Shortnose sucker (Chasmistes brevirostris).

31(7) Humpback sucker (Xyrauchen texanus).

32(8) Owensbegin delete Riverend delete pupfish (Cyprinoden radiosus).

33(9) Unarmored threespine stickleback (Gasterosteus aculeatus
34williamsoni).

35(10) Rough sculpin (Cottus asperrimus).

36begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

(a) Section 3.1 of this bill incorporates amendments
37to Section 5515 of the Fish and Game Code proposed by both this
38bill and Assembly Bill 2001. It shall only become operative if (1)
39both bills are enacted and become effective on or before January
401, 2017, (2) each bill amends Section 5515 of the Fish and Game
P7    1Code, (3) Assembly Bill 2488 is not enacted or as enacted does
2not amend that section, and (4) this bill is enacted after Assembly
3Bill 2001, in which case Sections 3, 3.2, and 3.3 of this bill shall
4not become operative.

end insert
begin insert

5
(b) Section 3.2 of this bill incorporates amendments to Section
65515 of the Fish and Game Code proposed by both this bill and
7Assembly Bill 2488. It shall only become operative if (1) both bills
8are enacted and become effective on or before January 1, 2017,
9(2) each bill amends Section 5515 of the Fish and Game Code, (3)
10AB 2001 is not enacted or as enacted does not amend that section,
11and (4) this bill is enacted after Assembly Bill 2488 in which case
12Sections 3, 3.1, and 3.3 of this bill shall not become operative.

end insert
begin insert

13
(c) Section 3.3 of this bill incorporates amendments to Section
145515 of the Fish and Game Code proposed by this bill, Assembly
15Bill 2001, and Assembly Bill 2488. It shall only become operative
16if (1) all three bills are enacted and become effective on or before
17January 1, 2017, (2) all three bills amend Section 5515 of the Fish
18and Game Code, and (3) this bill is enacted after Assembly Bill
192001 and Assembly Bill 2488, in which case Sections 3, 3.1, and
203.2 of this bill shall not become operative.

end insert


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