Amended in Senate May 16, 2016

Amended in Assembly March 10, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2001

Introduced by Assembly Member Mathis

February 16, 2016

An act to amend Section 5515 begin delete of end delete begin insert of, end insert begin insert end insert begin insert and to add Section 2089.7 to, end insert the Fish and Game Code, relating to fish.

LEGISLATIVE COUNSEL’S DIGEST

AB 2001, as amended, Mathis. Fish: fully protected species: begin delete taking or possession. end delete begin insert California State Safe Harbor Agreement Program Act. end insert

Existing law prohibits the taking or possession of a fully protected fish, except as provided. Under existing law, the Department of Fish and Wildlife is authorized to permit the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. begin delete For these purposes, scientific research does not include an action taken as part of specified mitigation for a project, as defined. end delete

begin insert

Existing law, the California State Safe Harbor Agreement Program Act, establishes a program to encourage landowners to manage their lands voluntarily, by means of state safe harbor agreements approved by the Department of Fish and Wildlife, to benefit endangered, threatened, or candidate species without being subject to additional regulatory restrictions as a result of their conservation efforts. The act authorizes the department to authorize specified acts that are otherwise prohibited pursuant to the California Endangered Species Act by entering into a safe harbor agreement. Under existing law, the act remains in effect until January 1, 2020.

end insert

This bill would begin delete instead end delete authorize the department to permit the taking of begin delete those species for necessary scientific research or for efforts to recover fully protected, threatened, or endangered species, not including an action taken as part of specified mitigation for a project. end delete begin insert fully protected fish in the Owens River and Mojave River watersheds if the take is authorized under a safe harbor agreement end insert begin insert . 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 2089.7 is added to the end insert begin insert Fish and Game
Code end insert begin insert , to read: end insert

begin insert

begin insert 2089.7. end insert   

The department may authorize the taking of fully
protected fish in the Owens River and Mojave River watersheds
if the take is authorized under an agreement pursuant to this
article.

end insert

begin delete SECTION 1. end delete

begin insert SEC. 2. end insert   

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

5515.  

(a) (1) Except as provided in this section, begin insert or end insert Section
2081.6, begin delete Section end delete 2081.7, begin insert 2089.7, end insert or begin delete Section end delete 2835, a fully protected
fish may 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 begin delete research or for end delete
begin insert research, including end insert 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” begin delete and “efforts
to recover” do end delete begin insert does end insert 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).