BILL NUMBER: AB 2420 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Huffman
FEBRUARY 19, 2010
An act to amend Section 2080.1 of the Fish and Game Code, relating
to protected species.
LEGISLATIVE COUNSEL'S DIGEST
AB 2420, as introduced, Huffman. Protected species: incidental
take: consistency determinations.
Under the California Endangered Species Act (CESA), if any person
obtains from the Secretary of the Interior or the Secretary of
Commerce an incidental take statement or incidental take permit
pursuant to the federal Endangered Species Act of 1973 that
authorizes the taking of an endangered species or threatened species
listed pursuant to the federal act that is an endangered species,
threatened species, or candidate species pursuant to CESA, no further
authorization or approval is necessary under CESA for that person to
take that species, if that person notifies the Director of Fish and
Game, as specified, and the director determines that the statement or
permit is consistent with CESA.
This bill would revise those provisions to require that both a
biological opinion and an incidental take statement or a conservation
plan and an incidental take permit be obtained. The bill would
require additional information to be included in the notice to the
director, and would give the director 7 days to determine if the
notice is complete. The bill would require the director, if the
director determines that the notice is not complete, to immediately
provide a written response to the person submitting the notice that
sets forth the deficiencies in the notice. The bill would exempt a
consistency determination from the California Environmental Quality
Act. The bill would authorize the department to adopt regulations to
implement those revised incidental take and consistency determination
provisions.
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 2080.1 of the Fish and Game Code is amended to
read:
2080.1. (a) Notwithstanding any other provision of this chapter,
or Chapter 10 (commencing with Section 1900) or Chapter 11
(commencing with Section 1925) of Division 2, but subject to
subdivision (c), if any person obtains from the Secretary of the
Interior or the Secretary of Commerce a biological opinion and
an incidental take statement pursuant to Section 1536 of Title
16 of the United States Code or a conservation plan and an
incidental take permit pursuant to Section 1539 of Title 16 of the
United States Code that authorizes the taking of an endangered
species or a threatened species that is listed pursuant to Section
1533 of Title 16 of the United States Code and that is an endangered
species, threatened species, or a candidate species pursuant to this
chapter, no further authorization or approval is necessary under this
chapter for that person to take that endangered species, threatened
species, or candidate species identified in, and in accordance with,
the biological opinion and the incidental take statement
, or the conservation plan and the incidental
take permit, if that person does receives
a determination of consistency in accordance with subd
ivision (c) after doing both of the following:
(1) Notifies Notifying the director
in writing that the person has received a biological opinion and
an incidental take statement or a conservation plan and
an incidental take permit issued pursuant to the federal
Endangered Species Act of 1973 (16 U.S.C.A. Sec. 1531 et seq.).
(2) Includes Including in
the notice to the director a :
(A) References to the required measures in the biological opinion
and the incidental take statement or the conservation plan and the
incidental take permit that meet the minimization, full mitigation,
funding, and compliance monitoring requirements of subdivision (b) of
Section 2081.
(B) A copy of the biological
opinion and the incidental take statement or
the conservation plan and the incidental take permit.
(b) Upon receipt of the notice specified in paragraph
paragraphs (1) and (2) of subdivision
(a), the director shall have seven days to determine if the
notice is complete. If the director determines that the notice is
complete, the director shall immediately have published in the
General Public Interest section of the California Regulatory Notice
Register the receipt of that notice. If the director determines
that the notice is not complete, the director shall immediately
provide a written response to the person submitting the notice that
sets forth the deficiencies in the notice.
(c) Within 30 days after the director has received the
a complete notice , as described in
subdivision (a) that an incidental take statement or an
incidental take permit has been issued pursuant to the federal
Endangered Species Act of 1973 , the director shall
determine whether the biological opinion and the
incidental take statement or the conservation plan and the
incidental take permit is are
consistent with this chapter. If the director determines within that
30-day period, based upon substantial evidence, that the
biological opinion and the incidental take statement or
the conservation plan and the incidental take permit
is are not consistent with this chapter, then
the taking of that species may only be authorized pursuant to this
chapter.
(d) The director shall immediately publish the determination
pursuant to subdivision (c) in the General Public Interest section of
the California Regulatory Notice Register. A determination
pursuant to subdivision (c) is effective upon publication in
accordance with this subdivision, and shall be exempt from Division
13 (commencing with Section 21000) of the Public Resources Code.
(e) Unless deleted or extended by a later enacted statute that is
chaptered before the date this section is repealed, this section
shall remain in effect only until, and is repealed on, the effective
date of an amendment to Section 1536 or Section 1539 of Title 16 of
the United States Code that alters the requirements for issuing
a biological opinion and an incidental take statement or a
conservation plan and an incidental take permit, as
applicable.
(f) The department may adopt regulations to implement this
section.