120061.
Except as otherwise authorized by state law, the following apply:(a) To ensure no backsliding as a result of any change to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or its implementing regulations, in the event of the federal delisting of a species species, subspecies, or distinct population segment that is eligible for protection under the California Endangered Species Act and which
that is listed as endangered or threatened pursuant to the federal Endangered Species Act of 1973 as of January 1, 2017, or a change in the legally protected status of such a species, subspecies, or distinct population segment, including through a change in listing from endangered to threatened, the adoption of a rule pursuant to Section 4(d) of the federal Endangered Species Act, Act of 1973, or any amendment to the federal Endangered Species Act of 1973 or its implementing regulations, or any exemption from the application of the federal Endangered Species Act of 1973 to a federally listed species
species, subspecies, or distinct population segment, as of January 1, 2017, the Fish and Game Commission shall determine whether to list, in accordance with subdivision (b), that species
species, subspecies, or distinct population segment under the California Endangered Species Act pursuant to this section.
(b) The Fish and Game Commission shall list the affected species species, subspecies, or distinct population segment identified in subdivision (a), pursuant to subdivision (c) and without following the regular listing process set forth in Article 2 (commencing with Section 2070) of Chapter 1.5 of Division 3 of the Fish and Game Code, no later than the conclusion of its second regularly scheduled meeting or within three months, whichever is shorter, after the occurrence of the event described in subdivision (a)
unless either the Fish and Game Commission determines that listing of the species species, subspecies, or distinct population segment is not warranted because it does not meet the criteria in Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code or its implementing regulations or the Department of Fish and Wildlife recommends that the species species, subspecies, or distinct population segment undergo the regular listing process. If the Department of Fish and Wildlife makes a recommendation that the species
species, subspecies, or distinct population segment undergo the regular listing process, the Fish and Game Commission shall either accept the recommendation, in which event the Fish and Game Commission shall be deemed to have accepted a petition for listing the species species, subspecies, or distinct population segment pursuant to paragraph (2) of subdivision (e) of Section 2074.2 of the Fish and Game Code, or reject the recommendation and immediately list the species species, subspecies, or distinct population segment pursuant
to this subdivision.
(c) Notwithstanding any other law or regulation, because a decision by the Fish and Game Commission to list a species species, subspecies, or distinct population segment without following the regular listing process becomes effective immediately, the Fish and Game Commission shall add that species species, subspecies, or distinct population segment to the list of endangered or threatened species pursuant to Section 100 of Title 1 of the California Code of Regulations, and the addition of that species
species, subspecies, or distinct population segment to the list shall be deemed to be a change without regulatory effect pursuant to paragraph (6) of subdivision (a) of that section.
(d) (1) Upon the listing of any species species, subspecies, or distinct population segment under this section, the Fish and Game Commission or the Department of Fish and Wildlife may authorize the taking of such species species, subspecies, or distinct population segment
as otherwise provided for in the Fish and Game Code. In lieu of authorizing take under the provisions of Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code, the Fish and Game Commission or the Department of Fish and Wildlife may adopt the terms and conditions of any rule promulgated under Section 4(d) of the federal Endangered Species Act,
Act of 1973, federal incidental take statement, incidental take permit, or biological opinion in effect at the time of the event described in subdivision (a).
(2) The Department of Fish and Wildlife shall ensure that protections remain in place pursuant to regulation, incidental take permit, or consistency determination that are at least as stringent as required by the baseline federal standards, as determined by the Department of Fish and Wildlife.
(3) This subdivision does not prohibit the Department of Fish and Wildlife from establishing conditions that are more stringent than the baseline federal standards.
(e) Any species
species, subspecies, or distinct population segment listed pursuant to this section shall be subject to the provisions in the California Endangered Species Act in the same manner as any other listed species, including those provisions related to a change in listing status or delisting.
(f) For those species species, subspecies, or distinct population segment that the Fish and Game Commission lists pursuant to subdivision (b), or for which baseline federal standards are retained pursuant to subdivision (d), the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply.
(g) The provisions of the California Endangered Species Act are measures “relating to the control, appropriation, use, or distribution of water” within the meaning of Section 8 of the federal Reclamation Act of 1902 (43 U.S.C. Section 383) and shall apply to the United States Bureau of Reclamation’s operation of the federal Central Valley Project.