BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1349|
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THIRD READING
Bill No: SB 1349
Author: Cogdill (R)
Amended: 6/1/10
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 8-0, 3/23/10
AYES: Pavley, Cogdill, Hollingsworth, Huff, Kehoe,
Lowenthal, Simitian, Wolk
NO VOTE RECORDED: Padilla
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Endangered species: experimental populations
SOURCE : Department of Fish and Game
DIGEST : This bill amends the State Endangered Species
Act to allow an experimental population of Chinook salmon
to be reintroduced into the San Joaquin River as part of a
settlement approved by Congress.
Senate Floor Analyses of 6/1/10 add findings, the criteria
that apply to the experimental population, the process that
the Department of Fish and Game follows if a federal
wildlife agency designates an experimental population of
salmon, the conservation criteria from the state endangered
species at that apply, public notice provision, and other
criteria.
ANALYSIS : The California Endangered Species Act (CESA)
CONTINUED
SB 1349
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prohibits the taking of an endangered or threatened
species, except as specified. The Department of Fish and
Game 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. Existing law
provides that 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 (FESA) that authorizes the
taking of an endangered species or threatened species
listed pursuant to the federal act and that is an
endangered species, threatened species, or candidate
species pursuant to the state act, no further authorization
or approval is necessary under the state act for that
person to take the endangered species, threatened species,
or candidate species identified in, and in accordance with,
the incidental take statement or incidental take permit, if
that person notifies the Director of the Department of Fish
and Game, as specified, and the director determines that
the statement or permit is consistent with the state act.
This bill provides that a person who obtains a federal
enhancement of survival permit that authorizes the take of
spring run Chinook salmon that has been designated as an
experimental population pursuant to FESA, requires no
further authorization or approval under CESA for that
person to take that species as identified in, and in
accordance with, the enhancement of survival permit, if all
of the following provisions are met: (1) that person shall
notify the director in writing that the person ahs received
an enhancement of survival permit and include in the
notification o a copy of the permit; (2) upon receipt of
the notice the director shall immediately have the notice
published in the general Public Interest section of the
California Regulatory Notice Register; (3) within t30 days
after the director has received the notice, the director
shall determine whether the enhancement of survival permit
will further the conservation of the species; (4) the
director shall immediately have the determination published
n the general Public Interest section of the California
Regulatory Notice Register; (i) the timing and extent of a
take authorization shall be limited to the terms in the
federal enhancement of survival permit and shall expire
upon the expiration of the federal permit.
SB 1349
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The provisions of the bill remain in effect only until the
effective date of an amendment to FESA that alters the
requirements for issuing an enhancement of survival permit.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/1/10)
Department of Fish and Game (source)
Association of California Water Agencies
California Chamber of Commerce
California Farm Bureau Federation
Western Growers
ARGUMENTS IN SUPPORT : The California Chamber of Commerce
states, "After an 18 year-long lawsuit, the San Joaquin
River will resume its historic flow. As a part of the
settlement, the spring-run Chinook salmon must be
reintroduced into the San Joaquin River. Chinook salmon
are protected under the state and federal Endangered
Species Acts. Under federal law, the population that will
be reintroduced will be classified as and "experimental
population" which under federal law allows take if the
Secretary of Commerce deems it necessary. The state has no
comparable provision. SB 1349, permits take of spring-run
Chinook as long as a federal permit is obtained. There are
other activities that must be undertaken to ensure the
terms of the settlement are met which cold lead to some
fish mortality. Without take authorization the restoration
process will be further complicated and delayed while state
permits are being obtained. The delays may be contrary to
the time frames specified in the settlement agreement."
CTW:do 6/1/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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