BILL ANALYSIS Ó
AB 1845
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
1845 (Dahle)
As Amended August 2, 2016
Majority vote
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|ASSEMBLY: |79-0 |(April 21, |SENATE: |38-0 |(August 15, |
| | |2016) | | |2016) |
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Original Committee Reference: W., P., & W.
SUMMARY: Authorizes the Department of Fish and Wildlife (DFW)
to authorize the take of rough sculpin, a fully protected fish,
resulting from replacement of Spring Creek Bridge in Shasta
County if specified conditions are met.
The Senate amendments:
1)Modify the authorization for take of rough sculpin to apply to
impacts resulting from replacement rather than repair of the
Spring Creek Bridge.
2)Add a requirement that the take authorization provide for
development and implementation of monitoring and adaptive
management until the DFW determines that any impacts from
replacement of the bridge have been fully mitigated.
AB 1845
Page 2
3)Add technical amendments to avoid chaptering out issues with
AB 2001 (Mathis) and AB 2488 (Dababneh) of the current
legislative session.
EXISTING LAW:
1)Prohibits the taking or possession of species listed as fully
protected fish except as specified. The species that are
classified as fully protected fish include but are not limited
to the rough sculpin.
2)Authorizes the DFW to authorize the taking of a fully
protected fish species whose conservation and management is
provided for in a natural community conservation plan (NCCP)
approved by the DFW.
3)Authorizes the DFW to authorize incidental take of the fully
protected unarmored threespine stickleback fish, and the fully
protected limestone salamander, under certain limited
circumstances, provided specified criteria and standards are
met for minimization, mitigation, non-jeopardy, and
conservation.
4)Provides for the listing of species as threatened or
endangered under federal and state endangered species acts.
The DFW may issue permits for incidental take of listed
species, if specified conditions are met, including
mitigation, minimization, and adaptive management
requirements.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible if any state
costs.
AB 1845
Page 3
COMMENTS: This bill authorizes the DFW to issue an incidental
take permit for the take of rough sculpin, a fully protected
fish, if certain conditions are met, in order to allow a project
to replace a bridge on Spring Creek Road over the Fall River in
Shasta County to proceed. As passed by the Assembly, this bill
authorized the DFW to permit take of the species if specified
conditions are met, including requirements of the California
Endangered Species Act that all impacts are minimized and fully
mitigated, adequate funding is provided for monitoring, and the
DFW determines that the take will not jeopardize continued
existence of the species. The project was also required to
incorporate measures necessary to meet a conservation standard.
The Senate amendments add an additional requirement for
monitoring and adaptive management, and clarify that the
authorization applies to replacement as opposed to just repair
of the bridge.
Analysis Prepared by:
Diane Colborn / W., P., & W. / (916) 319-2096
FN:
0003752