Amended in Senate August 2, 2016

Amended in Senate June 27, 2016

Amended in Senate June 16, 2016

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 of, and to add Section 2089.7 to, the Fish and Game Code, relating to fish.

LEGISLATIVE COUNSEL’S DIGEST

AB 2001, as amended, Mathis. Fully protected fish: Owens pupfish: California State Safe Harbor Agreement Program Act.

Existing law prohibits the taking or possession of a fully protected fish, except as provided, and designates the Owens pupfish as a fully protected fish. 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.

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.

This bill would authorize the department to permit the taking of the Owens pupfish in the Owens River begin delete and Mojave River watersheds end delete begin insert watershed end insert if the take is authorized under a safe harbor agreement.

begin insert

This bill would incorporate additional changes to Section 5515 of the Fish and Game Code, proposed by AB 1845 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:

SECTION 1.  

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

2089.7.  

The department may authorize the taking of the Owens
pupfish in the Owens River begin delete and Mojave River watersheds end delete
begin insert watershed end insert if the take is authorized under an agreement pursuant
to this article.

SEC. 2.  

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

5515.  

(a) (1) Except as provided in this begin delete section, end delete begin insert section end insert or
Section 2081.6, 2081.7, 2089.7, or 2835, a fully protected fish begin delete may end delete
begin insert shall end insert 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).

begin insert

begin insert SEC. 2.1. end insert   

end insert

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

5515.  

(a) (1) Except as provided in this begin delete section, end delete begin insert section or end insert
Section begin insert 2081.4, end insert 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 begin delete may end delete begin insert shall end insert 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 begin delete River end delete pupfish (Cyprinoden radiosus).

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

(10) Rough sculpin (Cottus asperrimus).

begin insert

begin insert SEC. 2.2. end insert   

end insert

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

5515.  

(a) (1) Except as provided in this begin delete section, end delete begin insert section or end insert
Section 2081.6, begin delete Section end delete 2081.7, begin insert 2081.10, 2089.7, end insert or begin delete Section end delete 2835,
a fully protected fish begin delete may end delete begin insert shall end insert 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 begin delete River end delete pupfish (Cyprinoden radiosus).

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

(10) Rough sculpin (Cottus asperrimus).

begin insert

begin insert SEC. 2.3 end insert begin insert . end insert   

end insert

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

5515.  

(a) (1) Except as provided in this begin delete section, end delete begin insert section or end insert
Section begin insert 2081.4, end insert 2081.6, begin delete Section end delete 2081.7, begin insert end insert begin insert 2081.10, end insert begin insert 2089.7, end insert or
begin delete Section end delete 2835, a fully protected fish begin delete may end delete begin insert shall end insert 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 begin delete River end delete pupfish (Cyprinoden radiosus).

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

(10) Rough sculpin (Cottus asperrimus).

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

(a) Section 2.1 of this bill incorporates amendments
to Section 5515 of the Fish and Game Code proposed by both this
bill and Assembly Bill 1845. 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 1845, in which case Sections 2, 2.2, and 2.3 of this bill shall
not become operative.

end insert begin insert

(b) Section 2.2 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)
Assembly Bill 1845 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 2, 2.1, and 2.3 of this bill shall not become
operative.

end insert begin insert

(c) Section 2.3 of this bill incorporates amendments to Section
5515 of the Fish and Game Code proposed by this bill, Assembly
Bill 1845, 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
1845 and Assembly Bill 2488, in which case Sections 2, 2.1, and
2.2 of this bill shall not become operative.

end insert