BILL NUMBER: AB 1973 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 11, 2012
INTRODUCED BY Assembly Member Olsen
(Principal coauthor: Senator Berryhill)
FEBRUARY 23, 2012
An act to amend Section 5050 of, and to add Section
2081.9 to , the Fish and Game Code, relating to wildlife
resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 1973, as amended, 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 incidental 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
Section 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)
(3) The requirements of subdivisions (b) and (c) of
Section 2081 are satisfied as to the species for which take
is authorized for the take of the limestone salamander
.
(4) The department ensures that all further measures necessary to
satisfy the conservation standard of subdivision (d) of Section 2805
are incorporated into the project.
(B)
(5) 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)
(6) The failure to appropriate funds does not relieve
the applicant of the obligations of paragraphs (1) and (2).
(D)
(7) 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.
SEC. 2. Section 5050 of the Fish and
Game Code is amended to read:
5050. (a) (1) Except as provided in Section 2081.7 , 2081.9,
or 2835, fully protected reptiles and amphibians or parts
thereof may not be taken or possessed at any time. No provision of
this code or any other law shall be construed to authorize the
issuance of permits or licenses to take any fully protected reptile
or amphibian, and no permits or licenses heretofore issued shall have
any force or effect for that purpose. However, the department may
authorize the taking of those species for necessary scientific
research, including efforts to recover fully protected, threatened,
or endangered species. Prior to authorizing the take of any of those
species, the department shall make an effort to notify all affected
and interested parties to solicit information and comments on the
proposed authorization. The notification shall be published in the
California Regulatory Notice Register and be made available to each
person who has notified the department, in writing, of his or her
interest in fully protected species and who has provided an e-mail
address, if available, or postal address to the department. Affected
and interested parties shall have 30 days after notification is
published in the California Regulatory Notice Register to provide any
relevant information and comments on the proposed authorization.
(2) As used in this subdivision, "scientific research" does not
include any actions taken as part of specified mitigation for a
project, as defined in Section 21065 of the Public Resources Code.
(3) Legally imported fully protected reptiles or amphibians or
parts thereof may be possessed under a permit issued by the
department.
(b) The following are fully protected reptiles and amphibians:
(1) Blunt-nosed leopard lizard (Crotaphytus wislizenii silus).
(2) San Francisco garter snake (Thamnophis sirtalis tetrataenia).
(3) Santa Cruz long-toed salamander (Ambystoma macrodactylum
croceum).
(4) Limestone salamander (Hydromantes brunus).
(5) Black toad (Bufo boreas exsul).