BILL ANALYSIS
SB 1349
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Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1349 (Cogdill) - As Amended: June 24, 2010
Policy Committee: Water, Parks and
Wildlife Vote: 13-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill amends the California Endangered Species Act to allow
the "take" (meaning death, pursuit or harm) of a certain
population of Chinook salmon to be reintroduced as part of the
San Joaquin River restoration. Specifically, this bill
authorizes the Department of Fish and Game (DFG) to allow the
take of an experimental population of San Joaquin River spring
run Chinook salmon if DFG finds either of the following:
1)An enhancement survival permit issued by the National Marine
Fisheries Service (NMFS) for the experimental population will
further the conservation of the species. (Such permits are
issued for activities such as scientific collection and
monitoring.)
2)Certain regulations for management and protection of the
species, issued by NMFS, include measure adequate to avoid
threatening the existence or recovery of the experimental
population.
FISCAL EFFECT
Negligible costs to DFG.
COMMENTS
1)Rationale . According to DFG (sponsor), this bill simplifies
the reintroduction of Chinook salmon to the San Joaquin River.
This is because, under current law, public and private land
owners who receive take protection under federal rules, such
as rules governing reintroduction of the Chinook salmon, might
SB 1349
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still face take restrictions related to that same species
under CESA. DFG describes this bill as giving it the
flexibility, when appropriate, to sidestep the need for
landowners who have federal take exemptions for Chinook salmon
to apply for similar exemptions under CESA.
2)Background-San Joaquin River Restoration . Friant Dam is
located on the San Joaquin River in Fresno County. Its main
use is as an agricultural reservoir. In 1988 the Natural
Resources Defense Council sued the federal Bureau of
Reclamation (the operator of Friant Dam) and the Friant Water
Users Association (FUWA), alleging that the operation of
Friant Dam violates the state's Fish and Game Code. In August
2006, the parties reached a settlement agreement, the goal of
which is to restore and maintain fish populations in the San
Joaquin River below the dam.
Under the Federal Endangered Species Act (FESA), a federal
agency may release an endangered or threatened species outside
the specie's current range if the Secretaries of Interior or
Commerce, as appropriate, determine that such release will
further conservation of the species. Such a release is known
as an "experimental population" and will part of the San
Joaquin River restoration.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081