Bill Text: CA AB2001 | 2015-2016 | Regular Session | Chaptered
Bill Title: Fully protected fish: Owens pupfish: California State
Sponsorship: Partisan Bill (Republican 1)
Status: (Passed) 2016-09-23 - Chaptered by Secretary of State - Chapter 515, Statutes of 2016. [AB2001 Detail]
Download: California-2015-AB2001-Chaptered.html
BILL NUMBER: AB 2001 CHAPTERED
BILL TEXT
CHAPTER 515
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 2016
APPROVED BY GOVERNOR SEPTEMBER 23, 2016
PASSED THE SENATE AUGUST 16, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN SENATE AUGUST 2, 2016
AMENDED IN SENATE JUNE 27, 2016
AMENDED IN SENATE JUNE 16, 2016
AMENDED IN SENATE MAY 16, 2016
AMENDED IN ASSEMBLY MARCH 10, 2016
INTRODUCED BY Assembly Member Mathis
FEBRUARY 16, 2016
An act to amend Section 5515 of, and to add Section 2089.7 to, the
Fish and Game Code, relating to fish.
LEGISLATIVE COUNSEL'S DIGEST
AB 2001, Mathis. Fully protected fish: Owens pupfish: California
State Safe Harbor Agreement Program Act.
Existing law prohibits the taking or possession of a fully
protected fish, except as provided, and designates the Owens pupfish
as a fully protected fish. Under existing law, the Department of Fish
and Wildlife is authorized to permit the taking of a fully protected
fish for necessary scientific research, including efforts to recover
fully protected, threatened, or endangered species.
Existing law, the California State Safe Harbor Agreement Program
Act, establishes a program to encourage landowners to manage their
lands voluntarily, by means of state safe harbor agreements approved
by the Department of Fish and Wildlife, to benefit endangered,
threatened, or candidate species without being subject to additional
regulatory restrictions as a result of their conservation efforts.
The act authorizes the department to authorize specified acts that
are otherwise prohibited pursuant to the California Endangered
Species Act by entering into a safe harbor agreement. Under existing
law, the act remains in effect until January 1, 2020.
This bill would authorize the department to permit the taking of
the Owens pupfish in the Owens River watershed if the take is
authorized under a safe harbor agreement.
This bill would incorporate additional changes to Section 5515 of
the Fish and Game Code, proposed by AB 1845 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2089.7 is added to the Fish and Game Code, to
read:
2089.7. The department may authorize the taking of the Owens
pupfish in the Owens River watershed if the take is authorized under
an agreement pursuant to this article.
SEC. 2. Section 5515 of the Fish and Game Code is amended to read:
5515. (a) (1) Except as provided in this section or Section
2081.6, 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. 2.1. 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. 2.2. Section 5515 of the Fish and Game Code is amended to
read:
5515. (a) (1) Except as provided in this section or Section
2081.6, 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. 2.3. 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. 3. (a) Section 2.1 of this bill incorporates amendments to
Section 5515 of the Fish and Game Code proposed by both this bill and
Assembly Bill 1845. 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 1845, in which case
Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b) Section 2.2 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) Assembly
Bill 1845 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 2, 2.1, and 2.3 of this bill shall not become operative.
(c) Section 2.3 of this bill incorporates amendments to Section
5515 of the Fish and Game Code proposed by this bill, Assembly Bill
1845, 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 1845 and
Assembly Bill 2488, in which case Sections 2, 2.1, and 2.2 of this
bill shall not become operative.
