Amended in Assembly April 14, 2016

Amended in Assembly March 31, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2488


Introduced by Assembly Member Dababneh

February 19, 2016


An act to amend Section 5515 of, and to add Section 2081.10 to, the Fish and Game Code, relating to fish.

LEGISLATIVE COUNSEL’S DIGEST

AB 2488, as amended, Dababneh. Protected species: unarmored threespine stickleback: taking or possession.

Existing law prohibits the taking or possession of a fully protected fish, except as provided, and designates the unarmored threespine stickleback 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 unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) attributable to the periodic dewatering, inspection, maintenance, or repair of the Metropolitan Water District of Southern California’s Foothill Feeder water supply facility from Castaic Dam to the Joseph Jensen Treatment Plant in the County of Los Angeles, as specified, if certain conditions are satisfied.

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 all of the
2following:

3(a) The Foothill Feeder below Castaic Dam in the County of
4Los Angeles is the primary conduit for water from the State Water
5Project for the Southern California region served by the
6Metropolitan Water District of Southern California. The
7Metropolitan Water District of Southern California is a public
8agency comprised of 26 member public agencies - 14 cities, 11
9municipal water districts, and one county water authority - and
10provides water to more than 19 million people in the Counties of
11 Los Angeles, Orange, Riverside, San Bernardino, San Diego, and
12Ventura.

13(b) Water supplies from the State Water Project are a critical
14part of Southern California’s water supply portfolio, and any
15interruption of that supply must be minimized to ensure delivery
16of clean and reliable water supplies for municipal and industrial
17uses, including health and human safety, and to water agencies
18and cities that rely upon water supply deliveries from the
19Metropolitan Water District of Southern California.

20(c) Periodic dewatering, inspection, maintenance, modification,
21or repair, including emergency repairs, require that all or a portion
22of the Foothill Feeder be dewatered into the Santa Clara River and
23certain of its tributaries where unarmored threespine stickleback
24 (Gasterosteus aculeatus williamsoni) may be present during these
25activities. Thus, the incidental take of unarmored threespine
26stickleback must be permitted for the periodic dewatering,
27inspection, maintenance, modification, or repair of the Foothill
28Feeder to protect Southern California water supplies.

29

SEC. 2.  

Section 2081.10 is added to the Fish and Game Code,
30to read:

31

2081.10.  

(a) The department may authorize, under this chapter,
32the incidental take of unarmored threespine stickleback
33(Gasterosteus aculeatus williamsoni) attributable to the periodic
34dewatering, inspection, maintenance, modification, or repair of
35the Metropolitan Water District of Southern California’s Foothill
P3    1Feeder water supply facility from Castaic Dam to the Joseph Jensen
2Treatment Plant in the County of Los Angeles, contingent upon
3the fulfillment of the following conditions:

4(1) The department has determined that the requirements of
5subdivisions (b) and (c) of Section 2081 are satisfied for the take
6of the unarmored threespine stickleback.

7(2) The department ensures that all further measures necessary
8tobegin delete contribute to conservation as defined inend deletebegin insert satisfy the conservation
9standard ofend insert
subdivision (d) of Section 2805 are incorporated into
10the project.

11(3) The take authorization provides for the development and
12implementation, in cooperation with the department, of an adaptive
13management process for monitoring the effectiveness of, and
14adjusting as necessary, the measures to minimize and fully mitigate
15the impacts of the authorized take. The adjusted measures are
16subject to Section 2052.1.

begin insert

17
(4) A biologist will be on duty whenever an activity is conducted
18that may affect the unarmored threespine stickleback.

end insert

19(b) The take authorization shall cover any incidental take of
20unarmored threespine stickleback attributable to the periodic
21dewatering, inspection, maintenance, modification, or repair of
22the Foothill Feeder that may occur in the following locations:

23(1) Within the Santa Clara River, from the Bouquet Canyon
24Road Bridge to a point located 4,000 feet downstream of where
25Commerce Center Drive, as of January 1, 2016, dead ends adjacent
26to the Santa Clara River.

27(2) From the confluence with the Santa Clara River upstream
28to the following locations:

29(A) In Charlie Canyon to a point 1,000 feet upstream of the
30Foothill Feeder facility dewatering structure.

31(B) In San Francisquito Creek to the Copper Hill Drive bridge.

32(C) In Placerita Creek to the Hacienda Lane crossing.

33(D) In Bouquet Creek to the Newhall Ranch Road Bridge.

34(c) The take authorization shall also cover any incidental take
35of unarmored threespine stickleback that may occur in the course
36of implementing mitigation or conservation actions required in the
37permit issued pursuant to subdivision (a) as may be modified
38through an adaptive management plan adopted pursuant to
39 paragraph (3) of subdivision (a).

P4    1(d) This section shall not be construed to exempt from any other
2law the periodic dewatering, inspection, maintenance, modification,
3or repair of the Foothill Feeder.

4

SEC. 3.  

Section 5515 of the Fish and Game Code is amended
5to read:

6

5515.  

(a) (1) Except as provided in this section, Section
72081.6, Section 2081.7, Section 2081.10, or Section 2835, a fully
8protected fish shall not be taken or possessed at any time. No
9provision of this code or any other law shall be construed to
10authorize the issuance of a permit or license to take a fully
11protected fish, and no permit or license previously issued shall
12have force or effect for that purpose. However, the department
13may authorize the taking of a fully protected fish for necessary
14scientific research, including efforts to recover fully protected,
15threatened, or endangered species. Before authorizing the take of
16a fully protected fish, the department shall make an effort to notify
17all affected and interested parties to solicit information and
18comments on the proposed authorization. The notification shall
19be published in the California Regulatory Notice Register and be
20made available to each person who has notified the department,
21in writing, of his or her interest in fully protected species and who
22has provided an email address, if available, or postal address to
23the department. Affected and interested parties shall have 30 days
24after notification is published in the California Regulatory Notice
25Register to provide relevant information and comments on the
26proposed authorization.

27(2) As used in this subdivision, “scientific research” does not
28include an action taken as part of specified mitigation for a project,
29as defined in Section 21065 of the Public Resources Code.

30(3) A legally imported fully protected fish may be possessed
31under a permit issued by the department.

32(b) The following are fully protected fish:

33(1) Colorado River squawfish (Ptychocheilus lucius).

34(2) Thicktail chub (Gila crassicauda).

35(3) Mohave chub (Gila mohavensis).

36(4) Lost River sucker (Catostomus luxatus).

37(5) Modoc sucker (Catostomus microps).

38(6) Shortnose sucker (Chasmistes brevirostris).

39(7) Humpback sucker (Xyrauchen texanus).

40(8) Owens River pupfish (Cyprinoden radiosus).

P5    1(9) Unarmored threespine stickleback (Gasterosteus aculeatus
2williamsoni).

3(10) Rough sculpin (Cottus asperrimus).



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