BILL NUMBER: AB 1845 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 15, 2016
PASSED THE ASSEMBLY AUGUST 22, 2016
AMENDED IN SENATE AUGUST 2, 2016
AMENDED IN SENATE JUNE 20, 2016
AMENDED IN SENATE MAY 11, 2016
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, 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.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares as follows:
(a) The Spring Creek Bridge at Fall River is an old, 150-foot-long
multispan wood structure that is constantly exposed to water and in
a constant state of decay requiring significant and ongoing
maintenance.
(b) The bridge provides access to ranches, residences, and United
States Forest Service lands. If the existing Spring Creek Bridge
fails, traffic will be detoured on to United States Forest Service
roads and private, unpaved roads that may be impassable in winter
months.
(c) In order to maintain access to these lands, the County of
Shasta must be authorized to take the rough sculpin to replace the
Spring Creek Bridge at Fall River.
SEC. 2. Section 2081.4 is added to the Fish and Game Code, to
read:
2081.4. (a) The department may authorize, under this chapter, the
take of the rough sculpin (Cottus asperrimus) resulting from impacts
attributable to replacing the Spring Creek Bridge in the County of
Shasta, if all of the following conditions are satisfied:
(1) The requirements of subdivisions (b) and (c) of Section 2081
are satisfied for the take of the rough sculpin.
(2) The department ensures that all further measures necessary to
satisfy the conservation standard of subdivision (d) of Section 2805
are incorporated into the project.
(3) The take authorization provides for the development and
implementation, in cooperation with federal and state agencies, of a
monitoring program and an adaptive management process until the
department determines that any impacts resulting from the replacement
of the Spring Creek Bridge have been fully mitigated.
(b) This section shall not be construed to exempt the project
described in subdivision (a) from any other law.
SEC. 3. Section 5515 of the Fish and Game Code is amended to read:
5515. (a) (1) Except as provided in this section or Section
2081.4, 2081.6, 2081.7, or 2835, a fully protected fish shall 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 a permit or
license to take a fully protected fish, and no permit or license
previously issued shall have force or effect for that purpose.
However, the department may authorize the taking of a fully protected
fish for necessary scientific research, including efforts to recover
fully protected, threatened, or endangered species. Before
authorizing the take of a fully protected fish, 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 email 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 relevant information and
comments on the proposed authorization.
(2) As used in this subdivision, "scientific research" does not
include an action taken as part of specified mitigation for a
project, as defined in Section 21065 of the Public Resources Code.
(3) A legally imported fully protected fish 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).
SEC. 3.1. Section 5515 of the Fish and Game Code is amended to
read:
5515. (a) (1) Except as provided in this section or Section
2081.4, 2081.6, 2081.7, 2089.7, or 2835, a fully protected fish shall
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 a
permit or license to take a fully protected fish, and no permit or
license previously issued shall have force or effect for that
purpose. However, the department may authorize the taking of a fully
protected fish for necessary scientific research, including efforts
to recover fully protected, threatened, or endangered species. Before
authorizing the take of a fully protected fish, 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 email 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 relevant information and
comments on the proposed authorization.
(2) As used in this subdivision, "scientific research" does not
include an action taken as part of specified mitigation for a
project, as defined in Section 21065 of the Public Resources Code.
(3) A legally imported fully protected fish 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 pupfish (Cyprinoden radiosus).
(9) Unarmored threespine stickleback (Gasterosteus aculeatus
williamsoni).
(10) Rough sculpin (Cottus asperrimus).
SEC. 3.2. Section 5515 of the Fish and Game Code is amended to
read:
5515. (a) (1) Except as provided in this section or Section
2081.4, 2081.6, 2081.7, 2081.10 or 2835, a fully protected fish shall
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 a
permit or license to take a fully protected fish, and no permit or
license previously issued shall have force or effect for that
purpose. However, the department may authorize the taking of a fully
protected fish for necessary scientific research, including efforts
to recover fully protected, threatened, or endangered species. Before
authorizing the take of a fully protected fish, 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 email 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 relevant information and
comments on the proposed authorization.
(2) As used in this subdivision, "scientific research" does not
include an action taken as part of specified mitigation for a
project, as defined in Section 21065 of the Public Resources Code.
(3) A legally imported fully protected fish 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).
SEC. 3.3. Section 5515 of the Fish and Game Code is amended to
read:
5515. (a) (1) Except as provided in this section or Section
2081.4, 2081.6, 2081.7, 2081.10, 2089.7, or 2835, a fully protected
fish shall 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 a permit or license to take a fully protected fish, and
no permit or license previously issued shall have force or effect for
that purpose. However, the department may authorize the taking of a
fully protected fish for necessary scientific research, including
efforts to recover fully protected, threatened, or endangered
species. Before authorizing the take of a fully protected fish, 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 email 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 relevant
information and comments on the proposed authorization.
(2) As used in this subdivision, "scientific research" does not
include an action taken as part of specified mitigation for a
project, as defined in Section 21065 of the Public Resources Code.
(3) A legally imported fully protected fish 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 pupfish (Cyprinoden radiosus).
(9) Unarmored threespine stickleback (Gasterosteus aculeatus
williamsoni).
(10) Rough sculpin (Cottus asperrimus).
SEC. 4. (a) Section 3.1 of this bill incorporates amendments to
Section 5515 of the Fish and Game Code proposed by both this bill and
Assembly Bill 2001. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2017, (2)
each bill amends Section 5515 of the Fish and Game Code, (3) Assembly
Bill 2488 is not enacted or as enacted does not amend that section,
and (4) this bill is enacted after Assembly Bill 2001, in which case
Sections 3, 3.2, and 3.3 of this bill shall not become operative.
(b) Section 3.2 of this bill incorporates amendments to Section
5515 of the Fish and Game Code proposed by both this bill and
Assembly Bill 2488. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2017, (2)
each bill amends Section 5515 of the Fish and Game Code, (3) AB 2001
is not enacted or as enacted does not amend that section, and (4)
this bill is enacted after Assembly Bill 2488 in which case Sections
3, 3.1, and 3.3 of this bill shall not become operative.
(c) Section 3.3 of this bill incorporates amendments to Section
5515 of the Fish and Game Code proposed by this bill, Assembly Bill
2001, and Assembly Bill 2488. It shall only become operative if (1)
all three bills are enacted and become effective on or before January
1, 2017, (2) all three bills amend Section 5515 of the Fish and Game
Code, and (3) this bill is enacted after Assembly Bill 2001 and
Assembly Bill 2488, in which case Sections 3, 3.1, and 3.2 of this
bill shall not become operative.