BILL NUMBER: AB 1973	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Olsen
   (Principal coauthor: Senator Berryhill)

                        FEBRUARY 23, 2012

   An act to add Section 2081.9 to the Fish and Game Code, relating
to wildlife resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1973, as introduced, Olsen. Protected species: take: Ferguson
Slide Permanent Restoration Project.
   The California Endangered Species Act (CESA) 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.
   The Natural Community Conservation Planning Act (NCCPA) authorizes
the department to enter into agreements with any person or public
entity for the purpose of preparing a natural community conservation
plan, in cooperation with a local agency that has land use permit
authority over the activities proposed to be addressed in the plan,
to provide comprehensive management and conservation of multiple
wildlife species. The NCCPA authorizes the department to authorize by
permit the taking of any covered species whose conservation and
management is provided for in an approved plan.
   This bill would authorize the department to authorize under CESA
or the NCCPA the take of the ring-tailed cat (genus Bassariscus) and
the limestone salamander (Hydromantes brunus) resulting from impacts
attributable to the Department of Transportation's implementation of
the Ferguson Slide Permanent Restoration Project, contingent upon the
fulfillment of prescribed conditions.
   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 2081.9 is added to the Fish and Game Code, to
read:
   2081.9.  (a) Notwithstanding Sections 4700 and 5050, the
department may authorize, under this chapter or Chapter 10
(commencing with Section 2800), the incidental take of limestone
salamander (Hydromantes brunus) and ring-tailed cat (genus
Bassariscus) resulting from impacts attributable to the Department of
Transportation's implementation of the Ferguson Slide Permanent
Restoration Project on State Route 140 from 8 miles east of Briceburg
to 7.6 miles west of El Portal in Mariposa County, contingent upon
the fulfillment of the following conditions:
   (1) The Department of Transportation begins construction of the
Ferguson Slide Permanent Restoration Project on or before January 1,
2016.
   (2) The department has determined that the Department of
Transportation will adopt appropriate avoidance and mitigation
measures to protect the limestone salamander through enforceable
commitments that, at a minimum, include the following:
   (A) A construction work window that prevents initial
ground-disturbing construction activities from occurring on the
southern slope during the salamander's active season of December to
March, inclusive.
   (B) Environmentally sensitive area fencing in the form of
five-foot orange plastic mesh, as well as salamander protection
exclusionary fencing in the form of 24-inch sheet metal, will be
erected if construction-related activities will occur adjacent to
limestone salamander habitat during their active season.
   (C) A biological monitor will be onsite during active building to
inspect the worksite and all exclusionary fencing.
   (D) All ground-disturbing activities within 100 feet will cease if
a limestone salamander is detected in an active construction site
until the animal can be safely removed from the area according to an
agreed-upon salvage plan.
   (3) The department has determined that the Department of
Transportation will adopt appropriate avoidance and mitigation
measures to protect the ring-tailed cat through enforceable
commitments that, at a minimum, include the following:
   (A) If ground disturbance occurs during the ring-tailed cat
reproductive season, defined as March to August, inclusive, a
qualified biologist will conduct a field identification survey for
active dens. If an active den is located, construction activities
within 150 feet of that den will be temporarily stopped, and the
department will be consulted about how to protect the den.
   (B) A biological monitor will be present onsite during active
building.
   (C) If a ring-tail cat is detected in an active construction site,
all ground-disturbing activities will cease within 150 feet of the
den until the animal can be safely removed from the area.
   (4) All of the following conditions are met:
   (A) The requirements of subdivisions (b) and (c) of Section 2081
are satisfied as to the species for which take is authorized.
   (B) The take authorization provides for the development and
implementation, in cooperation with the department, of an adaptive
management process for monitoring the effectiveness of, and adjusting
as necessary, the measures to minimize and fully mitigate the
impacts of the authorized take. The adjusted measures are subject to
Section 2052.1.
   (C) The failure to appropriate funds does not relieve the
applicant of the obligations of paragraphs (1) and (2).
   (D) Any observations of the species in the worksite and any
accidental injury or mortality from vehicle strikes or other means
will be reported to the department immediately and the onsite
biological monitor will notify the resident engineer who will halt
the work immediately.
   (E) The requirements of subparagraph (A) may be satisfied if the
take is authorized under Chapter 10 (commencing with Section 2800).
   (b) This section shall not be construed to exempt the Ferguson
Slide Permanent Restoration Project on State Route 140 from 8 miles
east of Briceburg to 7.6 miles west of El Portal in Mariposa County
from any other provision of law.