AB 1845: Protected species: take: rough sculpin.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-12
Existing law prohibits the taking or possession of any fully protected fish, except as provided, and designates the rough sculpin as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife 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.
This bill would permit the department to authorize, under the California Endangered Species Act, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to replacing the Spring Creek Bridge in the County of Shasta if certain conditions are satisfied.
This bill would incorporate additional changes to Section 5515 of the Fish and Game Code, proposed by AB 2001 and AB 2488, that would become operative only if this bill and either or both of those bills are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
Existing law prohibits the taking or possession of any fully protected fish, except as provided, and designates the rough sculpin as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife 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.
This bill would permit the department to authorize, under the California Endangered Species Act, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to replacing the Spring Creek Bridge in the County of Shasta if certain conditions are satisfied.
This bill would incorporate additional changes to Section 5515 of the Fish and Game Code, proposed by AB 2001 and AB 2488, that would become operative only if this bill and either or both of those bills are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
Existing law prohibits the taking or possession of any fully protected fish, except as provided, and designates the rough sculpin as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife 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.
This bill would permit the department to authorize, under the California Endangered Species Act, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to replacing the Spring Creek Bridge in the County of Shasta if certain conditions are satisfied.
This bill would incorporate additional changes to Section 5515 of the Fish and Game Code, proposed by AB 2001 and AB 2488, that would become operative only if this bill and either or both of those bills are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
Existing law prohibits the taking or possession of any fully protected fish, except as provided, and designates the rough sculpin as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife 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.
This bill would permit the department to authorize, under the California Endangered Species Act, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to replacing the Spring Creek Bridge in the County of Shasta if certain conditions are satisfied.
Existing law prohibits the taking or possession of any fully protected fish, except as provided, and designates the rough sculpin as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife 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.
This bill would permit the department to authorize, under the California Endangered Species Act, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to repairing replacing the Spring Creek Bridge in the County of Shasta if certain conditions are satisfied.
Existing law prohibits the taking or possession of any fully protected fish, except as provided, and designates the rough sculpin as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife 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.
This bill would permit the department to authorize, under the California Endangered Species Act, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to repairing the Spring Creek Bridge in the County of Shasta if certain conditions are satisfied.
The Legislature finds and declares as follows:
(a)The Spring Creek Bridge at Fall River is an old, 150-foot-long multispan wood structure that is constantly exposed to water and in a constant state of decay requiring significant and ongoing maintenance.
(b)The bridge provides access to ranches, residences, and United States Forest Service lands. If the existing Spring Creek Bridge fails, traffic will be detoured on to United States Forest Service roads and private, unpaved roads that may be impassable in winter months.
(c)In order to maintain access to these lands, the County of Shasta must be authorized to take the rough sculpin to replace the Spring Creek Bridge at Fall River.
SEC. 2.Section 2081.4 is added to the Fish and Game Code, to read:2081.4.(a)The department may authorize, under this chapter, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to replacing the Spring Creek Bridge in the County of Shasta, if all of the following conditions are satisfied:
(1)The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the rough sculpin.
(2)The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the project.
(3)The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of a monitoring program and an adaptive management process until the department determines that any impacts resulting from the replacement of the Spring Creek Bridge have been fully mitigated.
(b)This section shall not be construed to exempt the project described in subdivision (a) from any other law.
SEC. 3.Section 5515 of the Fish and Game Code is amended to read:5515.(a)(1)Except as provided in this section or Section 2081.4, 2081.6, 2081.7, or 2835, a fully protected fish shall 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 a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, 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 email 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 relevant information and comments on the proposed authorization.
(2)As used in this subdivision, scientific research does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3)A legally imported fully protected fish may be possessed under a permit issued by the department.
(b)The following are fully protected fish:
(1)Colorado River squawfish (Ptychocheilus lucius).
(2)Thicktail chub (Gila crassicauda).
(3)Mohave chub (Gila mohavensis).
(4)Lost River sucker (Catostomus luxatus).
(5)Modoc sucker (Catostomus microps).
(6)Shortnose sucker (Chasmistes brevirostris).
(7)Humpback sucker (Xyrauchen texanus).
(8)Owens River pupfish (Cyprinoden radiosus).
(9)Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10)Rough sculpin (Cottus asperrimus).
SEC. 3.1.Section 5515 of the Fish and Game Code is amended to read:5515.(a)(1)Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2089.7, or 2835, a fully protected fish shall 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 a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, 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 email 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 relevant information and comments on the proposed authorization.
(2)As used in this subdivision, scientific research does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3)A legally imported fully protected fish may be possessed under a permit issued by the department.
(b)The following are fully protected fish:
(1)Colorado River squawfish (Ptychocheilus lucius).
(2)Thicktail chub (Gila crassicauda).
(3)Mohave chub (Gila mohavensis).
(4)Lost River sucker (Catostomus luxatus).
(5)Modoc sucker (Catostomus microps).
(6)Shortnose sucker (Chasmistes brevirostris).
(7)Humpback sucker (Xyrauchen texanus).
(8)Owens pupfish (Cyprinoden radiosus).
(9)Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10)Rough sculpin (Cottus asperrimus).
SEC. 3.2.Section 5515 of the Fish and Game Code is amended to read:5515.(a)(1)Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10 or 2835, a fully protected fish shall 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 a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, 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 email 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 relevant information and comments on the proposed authorization.
(2)As used in this subdivision, scientific research does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3)A legally imported fully protected fish may be possessed under a permit issued by the department.
(b)The following are fully protected fish:
(1)Colorado River squawfish (Ptychocheilus lucius).
(2)Thicktail chub (Gila crassicauda).
(3)Mohave chub (Gila mohavensis).
(4)Lost River sucker (Catostomus luxatus).
(5)Modoc sucker (Catostomus microps).
(6)Shortnose sucker (Chasmistes brevirostris).
(7)Humpback sucker (Xyrauchen texanus).
(8)Owens River pupfish (Cyprinoden radiosus).
(9)Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10)Rough sculpin (Cottus asperrimus).
SEC. 3.3.Section 5515 of the Fish and Game Code is amended to read:5515.(a)(1)Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, 2089.7, or 2835, a fully protected fish shall 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 a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, 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 email 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 relevant information and comments on the proposed authorization.
(2)As used in this subdivision, scientific research does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3)A legally imported fully protected fish may be possessed under a permit issued by the department.
(b)The following are fully protected fish:
(1)Colorado River squawfish (Ptychocheilus lucius).
(2)Thicktail chub (Gila crassicauda).
(3)Mohave chub (Gila mohavensis).
(4)Lost River sucker (Catostomus luxatus).
(5)Modoc sucker (Catostomus microps).
(6)Shortnose sucker (Chasmistes brevirostris).
(7)Humpback sucker (Xyrauchen texanus).
(8)Owens pupfish (Cyprinoden radiosus).
(9)Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10)Rough sculpin (Cottus asperrimus).
SEC. 4.(a)Section 3.1 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 2001. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) Assembly Bill 2488 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2001, in which case Sections 3, 3.2, and 3.3 of this bill shall not become operative.
(b)Section 3.2 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 2488. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) AB 2001 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2488 in which case Sections 3, 3.1, and 3.3 of this bill shall not become operative.
(c)Section 3.3 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by this bill, Assembly Bill 2001, and Assembly Bill 2488. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 5515 of the Fish and Game Code, and (3) this bill is enacted after Assembly Bill 2001 and Assembly Bill 2488, in which case Sections 3, 3.1, and 3.2 of this bill shall not become operative.
The Legislature finds and declares as follows:
(a)The Spring Creek Bridge at Fall River is an old, 150-foot-long multispan wood structure that is constantly exposed to water and in a constant state of decay requiring significant and ongoing maintenance.
(b)The bridge provides access to ranches, residences, and United States Forest Service lands. If the existing Spring Creek Bridge fails, traffic will be detoured on to United States Forest Service roads and private, unpaved roads that may be impassable in winter months.
(c)In order to maintain access to these lands, the County of Shasta must be authorized to take the rough sculpin to replace the Spring Creek Bridge at Fall River.
SEC. 2.Section 2081.4 is added to the Fish and Game Code, to read:2081.4.(a)The department may authorize, under this chapter, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to replacing the Spring Creek Bridge in the County of Shasta, if all of the following conditions are satisfied:
(1)The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the rough sculpin.
(2)The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the project.
(3)The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of a monitoring program and an adaptive management process until the department determines that any impacts resulting from the replacement of the Spring Creek Bridge have been fully mitigated.
(b)This section shall not be construed to exempt the project described in subdivision (a) from any other law.
SEC. 3.Section 5515 of the Fish and Game Code is amended to read:5515.(a)(1)Except as provided in this section or Section 2081.4, 2081.6, 2081.7, or 2835, a fully protected fish shall 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 a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, 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 email 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 relevant information and comments on the proposed authorization.
(2)As used in this subdivision, scientific research does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3)A legally imported fully protected fish may be possessed under a permit issued by the department.
(b)The following are fully protected fish:
(1)Colorado River squawfish (Ptychocheilus lucius).
(2)Thicktail chub (Gila crassicauda).
(3)Mohave chub (Gila mohavensis).
(4)Lost River sucker (Catostomus luxatus).
(5)Modoc sucker (Catostomus microps).
(6)Shortnose sucker (Chasmistes brevirostris).
(7)Humpback sucker (Xyrauchen texanus).
(8)Owens River pupfish (Cyprinoden radiosus).
(9)Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10)Rough sculpin (Cottus asperrimus).
SEC. 3.1.Section 5515 of the Fish and Game Code is amended to read:5515.(a)(1)Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2089.7, or 2835, a fully protected fish shall 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 a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, 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 email 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 relevant information and comments on the proposed authorization.
(2)As used in this subdivision, scientific research does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3)A legally imported fully protected fish may be possessed under a permit issued by the department.
(b)The following are fully protected fish:
(1)Colorado River squawfish (Ptychocheilus lucius).
(2)Thicktail chub (Gila crassicauda).
(3)Mohave chub (Gila mohavensis).
(4)Lost River sucker (Catostomus luxatus).
(5)Modoc sucker (Catostomus microps).
(6)Shortnose sucker (Chasmistes brevirostris).
(7)Humpback sucker (Xyrauchen texanus).
(8)Owens pupfish (Cyprinoden radiosus).
(9)Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10)Rough sculpin (Cottus asperrimus).
SEC. 3.2.Section 5515 of the Fish and Game Code is amended to read:5515.(a)(1)Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10 or 2835, a fully protected fish shall 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 a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, 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 email 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 relevant information and comments on the proposed authorization.
(2)As used in this subdivision, scientific research does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3)A legally imported fully protected fish may be possessed under a permit issued by the department.
(b)The following are fully protected fish:
(1)Colorado River squawfish (Ptychocheilus lucius).
(2)Thicktail chub (Gila crassicauda).
(3)Mohave chub (Gila mohavensis).
(4)Lost River sucker (Catostomus luxatus).
(5)Modoc sucker (Catostomus microps).
(6)Shortnose sucker (Chasmistes brevirostris).
(7)Humpback sucker (Xyrauchen texanus).
(8)Owens River pupfish (Cyprinoden radiosus).
(9)Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10)Rough sculpin (Cottus asperrimus).
SEC. 3.3.Section 5515 of the Fish and Game Code is amended to read:5515.(a)(1)Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, 2089.7, or 2835, a fully protected fish shall 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 a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, 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 email 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 relevant information and comments on the proposed authorization.
(2)As used in this subdivision, scientific research does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3)A legally imported fully protected fish may be possessed under a permit issued by the department.
(b)The following are fully protected fish:
(1)Colorado River squawfish (Ptychocheilus lucius).
(2)Thicktail chub (Gila crassicauda).
(3)Mohave chub (Gila mohavensis).
(4)Lost River sucker (Catostomus luxatus).
(5)Modoc sucker (Catostomus microps).
(6)Shortnose sucker (Chasmistes brevirostris).
(7)Humpback sucker (Xyrauchen texanus).
(8)Owens pupfish (Cyprinoden radiosus).
(9)Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10)Rough sculpin (Cottus asperrimus).
SEC. 4.(a)Section 3.1 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 2001. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) Assembly Bill 2488 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2001, in which case Sections 3, 3.2, and 3.3 of this bill shall not become operative.
(b)Section 3.2 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 2488. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) AB 2001 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2488 in which case Sections 3, 3.1, and 3.3 of this bill shall not become operative.
(c)Section 3.3 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by this bill, Assembly Bill 2001, and Assembly Bill 2488. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 5515 of the Fish and Game Code, and (3) this bill is enacted after Assembly Bill 2001 and Assembly Bill 2488, in which case Sections 3, 3.1, and 3.2 of this bill shall not become operative.
The Legislature finds and declares as follows:
(a)The Spring Creek Bridge at Fall River is an old, 150-foot-long multispan wood structure that is constantly exposed to water and in a constant state of decay requiring significant and ongoing maintenance.
(b)The bridge provides access to ranches, residences, and United States Forest Service lands. If the existing Spring Creek Bridge fails, traffic will be detoured on to United States Forest Service roads and private, unpaved roads that may be impassable in winter months.
(c)In order to maintain access to these lands, the County of Shasta must be authorized to take the rough sculpin to replace the Spring Creek Bridge at Fall River.
SEC. 2.Section 2081.4 is added to the Fish and Game Code, to read:2081.4.(a)The department may authorize, under this chapter, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to replacing the Spring Creek Bridge in the County of Shasta, if all of the following conditions are satisfied:
(1)The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the rough sculpin.
(2)The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the project.
(3)The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of a monitoring program and an adaptive management process until the department determines that any impacts resulting from the replacement of the Spring Creek Bridge have been fully mitigated.
(b)This section shall not be construed to exempt the project described in subdivision (a) from any other law.
SEC. 3.Section 5515 of the Fish and Game Code is amended to read:5515.(a)(1)Except as provided in this section, or section or Section 2081.4, 2081.6, 2081.7, or 2835, a fully protected fish may shall 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 a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, 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 email 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 relevant information and comments on the proposed authorization.
(2)As used in this subdivision, scientific research does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3)A legally imported fully protected fish may be possessed under a permit issued by the department.
(b)The following are fully protected fish:
(1)Colorado River squawfish (Ptychocheilus lucius).
(2)Thicktail chub (Gila crassicauda).
(3)Mohave chub (Gila mohavensis).
(4)Lost River sucker (Catostomus luxatus).
(5)Modoc sucker (Catostomus microps).
(6)Shortnose sucker (Chasmistes brevirostris).
(7)Humpback sucker (Xyrauchen texanus).
(8)Owens River pupfish (Cyprinoden radiosus).
(9)Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10)Rough sculpin (Cottus asperrimus).
SEC. 3.1.Section 5515 of the Fish and Game Code is amended to read:5515.(a)(1)Except as provided in this section, section or Section 2081.4, 2081.6, Section 2081.7, 2089.7, or Section 2835, a fully protected fish may shall 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 a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, 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 email 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 relevant information and comments on the proposed authorization.
(2)As used in this subdivision, scientific research does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3)A legally imported fully protected fish may be possessed under a permit issued by the department.
(b)The following are fully protected fish:
(1)Colorado River squawfish (Ptychocheilus lucius).
(2)Thicktail chub (Gila crassicauda).
(3)Mohave chub (Gila mohavensis).
(4)Lost River sucker (Catostomus luxatus).
(5)Modoc sucker (Catostomus microps).
(6)Shortnose sucker (Chasmistes brevirostris).
(7)Humpback sucker (Xyrauchen texanus).
(8)Owens River pupfish (Cyprinoden radiosus).
(9)Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10)Rough sculpin (Cottus asperrimus).
SEC. 3.2.Section 5515 of the Fish and Game Code is amended to read:5515.(a)(1)Except as provided in this section, section or Section 2081.4, 2081.6, Section 2081.7, 2081.10 or Section 2835, a fully protected fish may shall 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 a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, 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 email 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 relevant information and comments on the proposed authorization.
(2)As used in this subdivision, scientific research does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3)A legally imported fully protected fish may be possessed under a permit issued by the department.
(b)The following are fully protected fish:
(1)Colorado River squawfish (Ptychocheilus lucius).
(2)Thicktail chub (Gila crassicauda).
(3)Mohave chub (Gila mohavensis).
(4)Lost River sucker (Catostomus luxatus).
(5)Modoc sucker (Catostomus microps).
(6)Shortnose sucker (Chasmistes brevirostris).
(7)Humpback sucker (Xyrauchen texanus).
(8)Owens River pupfish (Cyprinoden radiosus).
(9)Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10)Rough sculpin (Cottus asperrimus).
SEC. 3.3.Section 5515 of the Fish and Game Code is amended to read:5515.(a)(1)Except as provided in this section, section or Section 2081.4, 2081.6, Section 2081.7, 2081.10, 2089.7, or Section 2835, a fully protected fish may shall 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 a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, 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 email 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 relevant information and comments on the proposed authorization.
(2)As used in this subdivision, scientific research does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3)A legally imported fully protected fish may be possessed under a permit issued by the department.
(b)The following are fully protected fish:
(1)Colorado River squawfish (Ptychocheilus lucius).
(2)Thicktail chub (Gila crassicauda).
(3)Mohave chub (Gila mohavensis).
(4)Lost River sucker (Catostomus luxatus).
(5)Modoc sucker (Catostomus microps).
(6)Shortnose sucker (Chasmistes brevirostris).
(7)Humpback sucker (Xyrauchen texanus).
(8)Owens River pupfish (Cyprinoden radiosus).
(9)Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10)Rough sculpin (Cottus asperrimus).
SEC. 4.(a)Section 3.1 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 2001. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) Assembly Bill 2488 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2001, in which case Sections 3, 3.2, and 3.3 of this bill shall not become operative.
(b)Section 3.2 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 2488. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) AB 2001 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2488 in which case Sections 3, 3.1, and 3.3 of this bill shall not become operative.
(c)Section 3.3 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by this bill, Assembly Bill 2001, and Assembly Bill 2488. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 5515 of the Fish and Game Code, and (3) this bill is enacted after Assembly Bill 2001 and Assembly Bill 2488, in which case Sections 3, 3.1, and 3.2 of this bill shall not become operative.
The Legislature finds and declares as follows:
(a)The Spring Creek Bridge at Fall River is an old, 150-foot-long multispan wood structure that is constantly exposed to water and in a constant state of decay requiring significant and ongoing maintenance.
(b)The bridge provides access to ranches, residences, and United States Forest Service lands. If the existing Spring Creek Bridge fails, traffic will be detoured on to United States Forest Service roads and private, unpaved roads that may be impassable in winter months.
(c)In order to maintain access to these lands, the County of Shasta must be authorized to take the rough sculpin to replace the Spring Creek Bridge at Fall River.
SEC. 2.Section 2081.4 is added to the Fish and Game Code, to read:2081.4.(a)The department may authorize, under this chapter, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to replacing the Spring Creek Bridge in the County of Shasta, if all of the following conditions are satisfied:
(1)The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the rough sculpin.
(2)The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the project.
(3)The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of a monitoring program and an adaptive management process until the department determines that any impacts resulting from the replacement of the Spring Creek Bridge have been fully mitigated.
(b)This section shall not be construed to exempt the project described in subdivision (a) from any other law.
SEC. 3.Section 5515 of the Fish and Game Code is amended to read:5515.(a)(1)Except as provided in this section, or Section 2081.4, 2081.6, 2081.7, or 2835, a fully protected fish 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 a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, 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 email 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 relevant information and comments on the proposed authorization.
(2)As used in this subdivision, scientific research does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3)A legally imported fully protected fish may be possessed under a permit issued by the department.
(b)The following are fully protected fish:
(1)Colorado River squawfish (Ptychocheilus lucius).
(2)Thicktail chub (Gila crassicauda).
(3)Mohave chub (Gila mohavensis).
(4)Lost River sucker (Catostomus luxatus).
(5)Modoc sucker (Catostomus microps).
(6)Shortnose sucker (Chasmistes brevirostris).
(7)Humpback sucker (Xyrauchen texanus).
(8)Owens River pupfish (Cyprinoden radiosus).
(9)Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10)Rough sculpin (Cottus asperrimus).
The Legislature finds and declares as follows:
(a)The Spring Creek Bridge at Fall River is an old, 150 foot long 150-foot-long multispan wood structure that is constantly exposed to water and in a constant state of decay requiring significant and ongoing maintenance.
(b)The bridge provides access to ranches, residences, and United States Forest Service lands. If the existing Spring Creek Bridge fails, traffic will be detoured on to United States Forest Service roads and private, unpaved roads that may be impassable in winter months.
(c)In order to maintain access to these lands, the County of Shasta must be authorized to take the rough sculpin to replace the Spring Creek Bridge at Fall River.
SEC. 2.Section 2081.4 is added to the Fish and Game Code, to read:2081.4.(a)The department may authorize, under this chapter, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to repairing replacing the Spring Creek Bridge in the County of Shasta, if all of the following conditions are satisfied:
(1)The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the rough sculpin.
(2)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)This section shall not be construed to exempt the project described in subdivision (a) from any other law.
SEC. 3.Section 5515 of the Fish and Game Code is amended to read:5515.(a)(1)Except as provided in this section, or Section 2081.4, Section 2081.6, Section 2081.7, or Section 2835, a fully protected fish 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 a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, 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 email 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 relevant information and comments on the proposed authorization.
(2)As used in this subdivision, scientific research does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3)A legally imported fully protected fish may be possessed under a permit issued by the department.
(b)The following are fully protected fish:
(1)Colorado River squawfish (Ptychocheilus lucius).
(2)Thicktail chub (Gila crassicauda).
(3)Mohave chub (Gila mohavensis).
(4)Lost River sucker (Catostomus luxatus).
(5)Modoc sucker (Catostomus microps).
(6)Shortnose sucker (Chasmistes brevirostris).
(7)Humpback sucker (Xyrauchen texanus).
(8)Owens River pupfish (Cyprinoden radiosus).
(9)Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10)Rough sculpin (Cottus asperrimus).
The Legislature finds and declares as follows:
(a)The Spring Creek Bridge at Fall River is an old, 150 foot long multispan wood structure that is constantly exposed to water and in a constant state of decay requiring significant and ongoing maintenance.
(b)The bridge provides access to ranches, residences, and United States Forest Service lands. If the existing Spring Creek Bridge fails, traffic will be detoured on to United States Forest Service roads and private, unpaved roads that may be impassable in winter months.
(c)In order to maintain access to these lands, the County of Shasta must be authorized to take the rough sculpin to replace the Spring Creek Bridge at Fall River.
SEC. 2.Section 2081.4 is added to the Fish and Game Code, to read:2081.4.(a)The department may authorize, under this chapter, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to repairing the Spring Creek Bridge in the County of Shasta, if all of the following conditions are satisfied:
(1)The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the rough sculpin.
(2)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)This section shall not be construed to exempt the project described in subdivision (a) from any other law.
SEC. 3.Section 5515 of the Fish and Game Code is amended to read:5515.(a)(1)Except as provided in this section, Section 2081.4, Section 2081.6, Section 2081.7, or Section 2835, a fully protected fish 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 a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, 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 email 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 relevant information and comments on the proposed authorization.
(2)As used in this subdivision, scientific research does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3)A legally imported fully protected fish may be possessed under a permit issued by the department.
(b)The following are fully protected fish:
(1)Colorado River squawfish (Ptychocheilus lucius).
(2)Thicktail chub (Gila crassicauda).
(3)Mohave chub (Gila mohavensis).
(4)Lost River sucker (Catostomus luxatus).
(5)Modoc sucker (Catostomus microps).
(6)Shortnose sucker (Chasmistes brevirostris).
(7)Humpback sucker (Xyrauchen texanus).
(8)Owens River pupfish (Cyprinoden radiosus).
(9)Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(10)Rough sculpin (Cottus asperrimus).
|
Date
|
Status
|
|---|---|
| Aug 2, 2016 | From Consent Calendar. |
| Sep 12, 2016 | Chaptered by Secretary of State - Chapter 293, Statutes of 2016. |
| Sep 12, 2016 | Approved by the Governor. |
| Aug 26, 2016 | Enrolled and presented to the Governor at 4:30 p.m. |
| Aug 22, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6031.). |
| Aug 22, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 16, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 18 pursuant to Assembly Rule 77. |
| Aug 15, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.). |
| Aug 15, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4970.). |
| Aug 15, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 3, 2016 | Read second time. Ordered to third reading. |
| Aug 2, 2016 | Read third time and amended. Ordered to second reading. |
| Aug 2, 2016 | Read second time. Ordered to Consent Calendar. |
| Aug 2, 2016 | Ordered to third reading. |
| Feb 9, 2016 | Read first time. To print. |
| Aug 1, 2016 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Jun 20, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 16, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (June 14). |
| May 11, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W. |
| May 5, 2016 | Referred to Com. on N.R. & W. |
| Apr 21, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 4462.) |
| Apr 21, 2016 | Read third time. Passed. Ordered to the Senate. |
| Apr 21, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 14, 2016 | Read second time. Ordered to Consent Calendar. |
| Apr 13, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (April 13). |
| Mar 29, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (March 29). Re-referred to Com. on APPR. |
| Feb 25, 2016 | Referred to Com. on W., P., & W. |
| Feb 10, 2016 | From printer. May be heard in committee March 11. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 22, 2016 | AB 1845 DAHLE Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 15, 2016 | Assembly 3rd Reading AB1845 Dahle By Gaines | Senate Floor |
Passed |
|
| Jun 14, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| Apr 21, 2016 | AB 1845 DAHLE Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 13, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 29, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Water, Parks, and Wildlife |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Prather Ranch | ** Support | Aug 15, 2016 |
| Shasta County | ** Support | Aug 15, 2016 |
| Shasta County Board of Supervisors | ** Support | Aug 15, 2016 |
| Shasta County Public Works | * Indeterminate | Mar 29, 2016 |
| Sierra Club of California | ** Against | Aug 15, 2016 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1845
Author:(Dahle)
As Amended Ver:August 2, 2016
Majority vote
ASSEMBLY: | 79-0 | (April 21, 2016) | SENATE: | 38-0 | (August 15, 2016) |
Original Committee Reference: W., P., & W.
SUMMARY: Authorizes the Department of Fish and Wildlife (DFW) to authorize the take of rough sculpin, a fully protected fish, resulting from replacement of Spring Creek Bridge in Shasta County if specified conditions are met.
The Senate amendments:
- Modify the authorization for take of rough sculpin to apply to impacts resulting from replacement rather than repair of the Spring Creek Bridge.
- Add a requirement that the take authorization provide for development and implementation of monitoring and adaptive management until the DFW determines that any impacts from replacement of the bridge have been fully mitigated.
- Add technical amendments to avoid chaptering out issues with AB 2001 (Mathis) and AB 2488 (Dababneh) of the current legislative session.
EXISTING LAW:
- Prohibits the taking or possession of species listed as fully protected fish except as specified. The species that are classified as fully protected fish include but are not limited to the rough sculpin.
- Authorizes the DFW to authorize the taking of a fully protected fish species whose conservation and management is provided for in a natural community conservation plan (NCCP) approved by the DFW.
- Authorizes the DFW to authorize incidental take of the fully protected unarmored threespine stickleback fish, and the fully protected limestone salamander, under certain limited circumstances, provided specified criteria and standards are met for minimization, mitigation, non-jeopardy, and conservation.
- Provides for the listing of species as threatened or endangered under federal and state endangered species acts. The DFW may issue permits for incidental take of listed species, if specified conditions are met, including mitigation, minimization, and adaptive management requirements.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible if any state costs.
COMMENTS: This bill authorizes the DFW to issue an incidental take permit for the take of rough sculpin, a fully protected fish, if certain conditions are met, in order to allow a project to replace a bridge on Spring Creek Road over the Fall River in Shasta County to proceed. As passed by the Assembly, this bill authorized the DFW to permit take of the species if specified conditions are met, including requirements of the California Endangered Species Act that all impacts are minimized and fully mitigated, adequate funding is provided for monitoring, and the DFW determines that the take will not jeopardize continued existence of the species. The project was also required to incorporate measures necessary to meet a conservation standard. The Senate amendments add an additional requirement for monitoring and adaptive management, and clarify that the authorization applies to replacement as opposed to just repair of the bridge.
Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096 FN: 0003752
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1845
:
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/14/16
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 79-0, 4/21/16 (Consent) - See last page for vote
DIGEST: This bill establishes conditions to authorize the take of rough sculpin, a fully protected fish species, as part of the replacement of a bridge in Shasta County.
Senate Floor Amendments of 8/2/16 avoid
chaptering out so that this bill and other bills dealing with fully protected species that amend the same section of law would be effective if any combination of them are signed by the Governor. The other two bills are AB 2001 (Dahle) and AB 2488 (Dababneh).
Existing law:
- Prohibits the taking or possession of species listed as fully protected fish except as specified. The species that are classified as fully protected fish include, but are not limited to, the rough sculpin.
- Authorizes Department of Fish and Wildlife (DFW) to authorize the taking of a fully protected fish species whose conservation and management is provided for in a Natural Community Conservation Plan approved by DFW.
- Authorizes DFW to authorize incidental take of the fully protected unarmored threespine stickleback fish, and the fully protected limestone salamander, under certain limited circumstances, provided specified criteria and standards are met for minimization, mitigation, non-jeopardy, and conservation.
- Provides for the listing of species as threatened or endangered under federal and state endangered species acts. The DFW may issue permits for incidental take of listed species, if specified conditions are met, including mitigation, minimization, and adaptive management requirements.
This bill:
- Authorizes the DFW to authorize the take of rough sculpin, a fully protected fish, resulting from repair of Spring Creek Bridge in Shasta County if the following specified conditions are met:
- Requirements of the California Endangered Species Act are met, including that the take is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, adequate funding is provided for monitoring, and the take permit will not jeopardize the continued existence of the species.
- Measures necessary to meet a conservation standard are incorporated into the project.
- A mitigation and adaptive management program will be provided until the department determines that any impacts resulting from the replacement of the Spring Creek Bridge have been fully mitigated.
2) Provides that this authorization for take of rough sculpin shall not be construed to exempt the project from any other law.
3) States legislative findings and declarations regarding the Spring Creek Bridge at Fall River, its importance in providing access to ranches, residences and United States Forest Service lands, and the need of the County of Shasta for take authorization regarding rough sculpin in order to maintain that access.
4) Makes other technical conforming changes.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Prather Ranch
Shasta County Board of Supervisors
Sierra Club California
ARGUMENTS IN SUPPORT: According to background information provided by the author, the Spring Creek Bridge is deteriorating and in need of repair. Shasta County initiated a project to replace the bridge in 2008. The bridge is a 150 foot long, multi-span, wood structure constructed in 1950. It is load limited to three tons. The wood structure, constantly exposed to water, is in a constant state of decay requiring significant and ongoing maintenance. Caltrans bridge inspection records indicate that out of 200 bridges in Shasta County, this bridge is in the worst condition. The bridge provides access to ranches, including nine residences, and U.S. Forest Service lands. If the bridge is closed, residents would be required to take a 10-mile detour to Fall River Mills on narrow roads that would be impassable in winter. In 2009, an environmental study revealed the presence of rough sculpin in the Fall River, which is protected under California law as a fully protected fish species. The rough sculpin, Cottus asperrimus, is the smallest member of the fish family Cottidae, at approximately 3-4 inches in length. The species occurs only in Shasta County in the Pit River, in the Burney Falls area, including Hat Creek, Fall River and its tributaries, in the upper reaches of Lake Britton near Hat Creek, and in Crystal Lake.
ARGUMENTS IN OPPOSITION: Sierra Club California’s opposition letter pre-dates the amendments. It requested that the bill specify that the environmental impacts of the project are mitigated, that a biologist be on site during construction, and that a monitoring and adaptive management program be developed. All of these, except the biologist on site, have been incorporated into the bill.
ASSEMBLY FLOOR: 79-0, 4/21/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Ridley-Thomas
8/3/16 18:54:24
**** END ****
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 1845 Hearing Date: June 14, 2016
Author: | |||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: Protected species: take: rough sculpin
BACKGROUND AND EXISTING LAW
1) Prohibits the taking or possession of species listed as fully protected fish except as specified. The species that are classified as fully protected fish include but are not limited to the rough sculpin.
2) Authorizes Department of Fish and Wildlife (DFW) to authorize the taking of a fully protected fish species whose conservation and management is provided for in a Natural Community Conservation Plan (NCCP) approved by DFW.
3) Authorizes DFW to authorize incidental take of the fully protected unarmored threespine stickleback fish, and the fully protected limestone salamander, under certain limited circumstances, provided specified criteria and standards are met for minimization, mitigation, non-jeopardy, and conservation.
4) Provides for the listing of species as threatened or endangered under federal and state endangered species acts. The DFW may issue permits for incidental take of listed species, if specified conditions are met, including mitigation, minimization, and adaptive management requirements.
PROPOSED LAW
This bill authorizes the DFW to authorize the take of rough sculpin, a fully protected fish, resulting from repair of Spring Creek Bridge in Shasta County if the following specified conditions are met:
- Requirements of the California Endangered Species Act (CESA) are met, including that the take is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, adequate funding is provided for monitoring, and the take permit will not jeopardize the continued existence of the species;
- Measures necessary to meet a conservation standard are incorporated into the project.
2) Provides that this authorization for take of rough sculpin shall not be construed to exempt the project from any other law.
3) States legislative findings and declarations regarding the Spring Creek Bridge at Fall River, its importance in providing access to ranches, residences and United States Forest Service lands, and the need of the County of Shasta for take authorization regarding rough sculpin in order to maintain that access.
4) Makes other technical conforming changes.
ARGUMENTS IN SUPPORT
According to background information provided by the author, the Spring Creek Bridge is deteriorating and in need of repair. Shasta County initiated a project to replace the bridge in 2008. The bridge is a 150 foot long, multi-span, wood structure constructed in 1950. It is load limited to three tons. The wood structure, constantly exposed to water, is in a constant state of decay requiring significant and ongoing maintenance. Caltrans bridge inspection records indicate that out of 200 bridges in Shasta County, this bridge is in the worst condition. The bridge provides access to ranches, including nine residences, and U.S. Forest Service lands. If the bridge is closed, residents would be required to take a 10 mile detour to Fall River Mills on narrow roads that would be impassable in winter. In 2009 an environmental study revealed the presence of rough sculpin in the Fall River, which is protected under California law as a fully protected fish species. The rough sculpin, Cottus asperrimus, is the smallest member of the fish family Cottidae, at approximately 3-4 inches in length. The species occurs only in Shasta County in the Pit River, in the Burney Falls area, including Hat Creek, Fall River and its tributaries, in the upper reaches of Lake Britton near Hat Creek, and in Crystal Lake.
ARGUMENTS IN OPPOSITION
Sierra Club California’s opposition letter opposes the bill based on its view that the bill is not as strong as last year’s fully protected species bill that dealt with the unarmored three-spined stickleback in Los Angeles County. Specifically, this organization requests that the bill specify that the environmental impacts of the project are mitigated, that a biologist be on site during construction, and that a monitoring and adaptive management program be developed.
COMMENTS
This bill would allow a one-time project specific exemption from the fully protected fish species statute to allow a permit for the replacement of an aging bridge on Spring Creek Road over the Fall River. Without these repairs the bridge will close indefinitely cutting off access to private homes as well as public forest lands forcing the use of unmaintained, narrow roads for access. If there were to be a fire or major emergency, access would be questionable as some emergency vehicles would not be able to gain access.
2) Due to the limited range of the rough sculpin DFW indicates that any impact to their habitat is significant. Siltation from dredging and bank erosion caused by livestock grazing are some of the primary threats to the species. The species is listed both as threatened under CESA, and as a fully protected fish species under California law. While DFW can issue incidental take permits for species that are protected under CESA, subject to mitigation and related requirements, the fully protected species statutes do not allow for the issuance of take permits, but prohibit all take of the species, with narrow exceptions only for scientific research, or as part of a NCCP. The Legislature has recently considered similar requests for exceptions to allow take of fully protected species for specific projects. These other bills included provisions requiring compliance with CESA conditions for mitigation, minimization, avoidance of jeopardy, and monitoring, and required that the project include measures to meet a conservation standard. This bill includes similar protective provisions.
3) The Sierra Club’s letter was written before the most recent amendments to the bill were publicly available. Its concerns seem to have been addressed with the amendments from the author on May 11 as well as the suggested amendment from the Committee, but the Committee may wish to seek clarification at the hearing. The proposed Committee amendment would add a provision regarding monitoring and adaptive management that was included in the previous bills dealing with fully protected species. These include:
AB 353 (Lackey), Chapter 620, Statutes of 2015, that authorized DFW to authorize take of a fully protected fish species known as the unarmored threespine stickleback resulting from a habitat restoration project on Bouquet Creek if specified conditions are met, including CESA requirements for minimization and mitigation, necessary measures to satisfy a conservation standard for recovery, and an adaptive management process that substantially contributes to the long-term conservation of the species. Additionally, AB 1973 (Olsen), Chapter 121, Statutes of 2012, authorized DFW to authorize incidental take of the limestone salamander, a fully protected amphibian species, resulting from impacts attributable to a highway restoration project in Mariposa County known as the Ferguson Slide Permanent Restoration Project, provided specified conditions are met, including but not limited to, adoption of specific avoidance and mitigation measures, CESA requirements for minimization and mitigation, necessary measures to satisfy a conservation standard for recovery, and an adaptive management process.
SUGGESTED AMENDMENTS
AMENDMENT 1
Add provisions substantially similar to Fish and Game Code section 2081.6 (a) (6) and (7) that are in every other bill dealing with a project for which an exception from the fully protected species statute was enacted into law.
SUPPORT
Shasta County
OPPOSITION
Sierra Club of California
-- END --
Date of Hearing: April 13, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 1845
Author:(Dahle) – As Introduced Ver:February 9, 2016
Policy Committee: | Water, Parks and Wildlife | Vote: | 15 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill allows the Department of Fish and Wildlife (DFW) to authorize the take of rough sculpin, a fully protected fish, resulting from the repair of Spring Creek Bridge in Shasta County. Specifically, this bill:
- Requires conditions of the California Endangered Species Act (CESA) to be met including the following:
- The take is incidental to an otherwise lawful activity.
- Impacts of the take are minimized and fully mitigated.
- The lead agency provides adequate funding for monitoring.
- The take permit will not jeopardize the continuing existence of the species.
- The project includes all further measures necessary to meet the conservation standard established by law.
- Provides the authorization for take of rough sculpin is not to be construed to exempt the project from any other law.
FISCAL EFFECT:
The costs to DFW are absorbable within existing resources.
COMMENTS:
- Purpose. The author intends the incidental take authorization provided by this bill to allow the repair of the Spring Creek Bridge over the Fall River in Shasta County. Without these repairs, the bridge will close indefinitely cutting off access to private homes as well as public forest lands forcing the use of unmaintained, narrow roads for access. If there were to be a fire or major emergency, access would be questionable as some emergency vehicles would not be able to gain access which becomes an issue of public safety.
- Background. The rough sculpin occurs only in Shasta County in the Pit River, in the Burney Falls area, including Hat Creek, Fall River and its tributaries, in the upper reaches of Lake Britton near Hat Creek, and in Crystal Lake. According to DFW, due to the limited range of the rough sculpin, any impact to their habitat is significant and prohibited by current law.
- Fully Protected Species. Legislative and regulatory efforts to protect fish and wildlife began long before the enactment of CESA in 1970. Initial efforts date back to 1909, including laws to protect nongame birds (1909) and sea otters (1913).
In 1957, efforts to identify and provide additional protection for rare animals or animals facing possible extinction resulted in lists identifying fish, mammals, amphibians, birds and reptiles. Statutes were enacted to prohibit any take of the identified species.
Unlike species that are listed as threatened or endangered under CESA, the fully protected species law does not allow for incidental or accidental take nor does it provide for mitigation. Fully Protected species may not be taken or possessed at any time, and no licenses or permits may be issued for their take except for scientific research or the relocation of bird species for the protection of livestock.
Although most fully protected species have also been listed as threatened or endangered species under the more recent, science-based endangered species laws, lawful take and mitigation provisions do not apply.
- Prior and related legislation: AB 353 (Lackey), Chapter 620, Statutes of 2015, authorized DFW to allow the take of a fully protected fish species known as the unarmored threespine stickleback for a habitat restoration project on Bouquet Creek.
AB 1973 (Olsen), Chapter 121, Statutes of 2012, authorized DFW to allow incidental take of the limestone salamander, a fully protected amphibian species for a highway restoration project in Mariposa County.
This year, both AB 2001 (Mathis) and AB 2488 (Dababneh), authorize the take of a fully protected species. AB 2001 authorizes the take of a fully protected fish for scientific research or for recovery efforts. AB 2488 authorizes DFW to allow incidental take of the unarmored threespine stickleback to continue operations of the Foothill Feeder water supply facility in southern California. Both bills are pending in the Assembly Water, Parks and Wildlife Committee.
In order to allow essential projects to move forward, as well as provide for species protection and recovery, the Legislature may wish to consider adopting a comprehensive, science-based approach for fully protected species within the provisions of CESA.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: March 29, 2016
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
ABPCA Bill Id:AB 1845 (
Author:Dahle) – As Introduced Ver:February 9, 2016
SUBJECT: Protected species: take: rough sculpin
SUMMARY: Authorizes the Department of Fish and Wildlife (DFW) to authorize the take of rough sculpin, a fully protected fish, resulting from repair of Spring Creek Bridge in Shasta County if specified conditions are met. Specifically, this bill:
- Authorizes DFW to authorize take of the rough sculpin resulting from impacts attributable to repairing the Spring Creek Bridge in Shasta County, if all of the following conditions are met:
- Requirements of the California Endangered Species Act (CESA) are met, including that the take is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, adequate funding is provided for monitoring, and the take permit will not jeopardize the continued existence of the species;
- Measures necessary to meet a conservation standard are incorporated into the project.
- Provides that this authorization for take of rough sculpin shall not be construed to exempt the project from any other law.
- States legislative findings and declarations regarding the Spring Creek Bridge at Fall River, its importance in providing access to ranches, residences and United States Forest Service lands, and the need of the County of Shasta for take authorization regarding rough sculpin in order to maintain that access.
- Makes other technical conforming changes.
EXISTING LAW:
- Prohibits the taking or possession of species listed as fully protected fish except as specified. The species that are classified as fully protected fish include but are not limited to the rough sculpin.
- Authorizes DFW to authorize the taking of a fully protected fish species whose conservation and management is provided for in a natural community conservation plan (NCCP) approved by DFW.
- Authorizes DFW to authorize incidental take of the fully protected unarmored threespine stickleback fish, and the fully protected limestone salamander, under certain limited circumstances, provided specified criteria and standards are met for minimization, mitigation, non-jeopardy, and conservation.
- Provides for the listing of species as threatened or endangered under federal and state endangered species acts. The DFW may issue permits for incidental take of listed species, if specified conditions are met, including mitigation, minimization, and adaptive management requirements.
FISCAL EFFECT: Unknown
COMMENTS: This bill would authorize the DFW to issue an incidental take permit for the take of rough sculpin, a fully protected fish, if certain conditions are met, in order to allow a project to replace a bridge on Spring Creek Road over the Fall River in Shasta County to proceed.
- Author's Statement: This bill would allow a one-time project specific exemption from the fully protected fish species statute to allow a permit for the replacement of an aging bridge on Spring Creek Road over the Fall River. Without these repairs the bridge will close indefinitely cutting off access to private homes as well as public forest lands forcing the use of unmaintained, narrow roads for access. If there were to be a fire or major emergency, access would be questionable as some emergency vehicles would not be able to gain access which becomes an issue of public safety.
- Background: According to background information provided by the author, the Spring Creek Bridge is deteriorating and in need of repair. Shasta County initiated a project to replace the bridge in 2008. The bridge is a 150 foot long, multi-span, wood structure constructed in 1950. It is load limited to three tons. The wood structure, constantly exposed to water, is in a constant state of decay requiring significant and ongoing maintenance. Caltrans bridge inspection records indicate that out of 200 bridges in Shasta County, this bridge is in the worst condition. The bridge provides access to ranches, including nine residences, and U.S. Forest Service lands. If the bridge is closed, residents would be required to take a 10 mile detour to Fall River Mills on narrow roads that would be impassable in winter. In 2009 an environmental study revealed the presence of rough sculpin in the Fall River, which is protected under California law as a fully protected fish species.
The rough sculpin, Cottus asperrimus, is the smallest member of the fish family Cottidae, at approximately 3-4 inches in length. The species occurs only in Shasta County in the Pit River, in the Burney Falls area, including Hat Creek, Fall River and its tributaries, in the upper reaches of Lake Britton near Hat Creek, and in Crystal Lake. Due to the limited range of the rough sculpin the DFW indicates that any impact to their habitat is significant. Siltation from dredging and bank erosion caused by livestock grazing are some of the primary threats to the species. The species is listed both as threatened under CESA, and as a fully protected fish species under California law. While DFW can issue incidental take permits for species that are protected under CESA, subject to mitigation and related requirements, the fully protected species statutes do not allow for the issuance of take permits, but prohibit all take of the species, with narrow exceptions only for scientific research, or as part of a Natural Community Conservation Plan (NCCP).
The Legislature has recently considered similar requests for exceptions to allow take of fully protected species for specific projects. The most related bill was AB 1973 (Olsen), Chapter 121, Statutes of 2012, which authorized take of a fully protected species for a road project in Mariposa County. These other bills included provisions requiring compliance with CESA conditions for mitigation, minimization, avoidance of jeopardy, and monitoring, and required that the project include measures to meet a conservation standard. This bill includes similar protective provisions. - Prior and related legislation: AB 353 (Lackey), Chapter 620, Statutes of 2015, authorized DFW to authorize take of a fully protected fish species known as the unarmored threespine stickleback resulting from a habitat restoration project on Bouquet Creek if specified conditions are met, including CESA requirements for minimization and mitigation, necessary measures to satisfy a conservation standard for recovery, and an adaptive management process that substantially contributes to the long-term conservation of the species.
AB 1973 (Olsen), Chapter 121, Statutes of 2012, authorized DFW to authorize incidental take of the limestone salamander, a fully protected amphibian species, resulting from impacts attributable to a highway restoration project in Mariposa County known as the Ferguson Slide Permanent Restoration Project, provided specified conditions are met, including but not limited to, adoption of specific avoidance and mitigation measures, CESA requirements for minimization and mitigation, necessary measures to satisfy a conservation standard for recovery, and an adaptive management process.
AB 2001 (Mathis) of this Session would authorize the take of a fully protected fish for scientific research or for efforts to recover the species. AB 2001 is pending in this committee.
AB 2488 (Dababneh) of this Session would authorize the DFW to authorize incidental take under CESA of the unarmored threespine stickleback, a fully protected fish species, for take attributable to operations of the Metropolitan Water District of Southern California's Foothill Feeder water supply facility, as specified. AB 2488 is also pending in this committee.
- Support Arguments: The county of Shasta emphasizes that this bill would allow for authorization of repairs to the Spring Creek Bridge with minimal impact to the rough sculpin. They indicate that the Shasta County Department of Public Works has been working on this project since 2009, but that due to the rough sculpin's status as a fully protected species, the DFW cannot issue a permit for the project. The County is working with DFW and believes that the project can be constructed in a way to minimize impacts to the fish if an incidental take permit can be issued.
- Opposition Arguments: None received.
REGISTERED SUPPORT / OPPOSITION:
Support
Shasta County Board of Supervisors
Opposition
None on file
Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096
Discussed in Hearing
52SEC
Assembly Floor
1MIN
Senate Floor
4MIN
Assembly Standing Committee on Water, Parks, and Wildlife
Bill Author
Bill Co-Author(s):