Bill Text: CA AB1973 | 2011-2012 | Regular Session | Chaptered
Bill Title: Protected species: take: Ferguson Slide Permanent
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-07-13 - Chaptered by Secretary of State - Chapter 121, Statutes of 2012. [AB1973 Detail]
Download: California-2011-AB1973-Chaptered.html
BILL NUMBER: AB 1973 CHAPTERED
BILL TEXT
CHAPTER 121
FILED WITH SECRETARY OF STATE JULY 13, 2012
APPROVED BY GOVERNOR JULY 13, 2012
PASSED THE SENATE JUNE 28, 2012
PASSED THE ASSEMBLY MAY 3, 2012
AMENDED IN ASSEMBLY APRIL 11, 2012
INTRODUCED BY Assembly Member Olsen
(Principal coauthor: Senator Berryhill)
FEBRUARY 23, 2012
An act to amend Section 5050 of, and to add Section 2081.9 to, the
Fish and Game Code, relating to wildlife resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 1973, Olsen. Protected species: take: Ferguson Slide Permanent
Restoration Project.
The California Endangered Species Act (CESA) prohibits the taking
of an endangered or threatened species, except as specified. The
Department of Fish and Game may authorize the take of listed species
if the take is incidental to an otherwise lawful activity and the
impacts are minimized and fully mitigated.
This bill would authorize the department to authorize under CESA
the incidental take of limestone salamander (Hydromantes brunus)
resulting from impacts attributable to the Department of
Transportation's implementation of the Ferguson Slide Permanent
Restoration Project, contingent upon the fulfillment of prescribed
conditions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2081.9 is added to the Fish and Game Code, to
read:
2081.9. (a) Notwithstanding Section 5050, the department may
authorize, under this chapter, the incidental take of limestone
salamander (Hydromantes brunus) resulting from impacts attributable
to the Department of Transportation's implementation of the Ferguson
Slide Permanent Restoration Project on State Route 140 from 8 miles
east of Briceburg to 7.6 miles west of El Portal in Mariposa County,
contingent upon the fulfillment of the following conditions:
(1) The Department of Transportation begins construction of the
Ferguson Slide Permanent Restoration Project on or before January 1,
2016.
(2) The department has determined that the Department of
Transportation will adopt appropriate avoidance and mitigation
measures to protect the limestone salamander through enforceable
commitments that, at a minimum, include the following:
(A) A construction work window that prevents initial
ground-disturbing construction activities from occurring on the
southern slope during the salamander's active season of December to
March, inclusive.
(B) Environmentally sensitive area fencing in the form of
five-foot orange plastic mesh, as well as salamander protection
exclusionary fencing in the form of 24-inch sheet metal, will be
erected if construction-related activities will occur adjacent to
limestone salamander habitat during their active season.
(C) A biological monitor will be onsite during active building to
inspect the worksite and all exclusionary fencing.
(D) All ground-disturbing activities within 100 feet will cease if
a limestone salamander is detected in an active construction site
until the animal can be safely removed from the area according to an
agreed-upon salvage plan.
(3) The requirements of subdivisions (b) and (c) of Section 2081
are satisfied for the take of the limestone salamander.
(4) The department ensures that all further measures necessary to
satisfy the conservation standard of subdivision (d) of Section 2805
are incorporated into the project.
(5) The take authorization provides for the development and
implementation, in cooperation with the department, of an adaptive
management process for monitoring the effectiveness of, and adjusting
as necessary, the measures to minimize and fully mitigate the
impacts of the authorized take. The adjusted measures are subject to
Section 2052.1.
(6) The failure to appropriate funds does not relieve the
applicant of the obligations of paragraphs (1) and (2).
(7) Any observations of the species in the worksite and any
accidental injury or mortality from vehicle strikes or other means
will be reported to the department immediately and the onsite
biological monitor will notify the resident engineer who will halt
the work immediately.
(b) This section shall not be construed to exempt the Ferguson
Slide Permanent Restoration Project on State Route 140 from 8 miles
east of Briceburg to 7.6 miles west of El Portal in Mariposa County
from any other law.
SEC. 2. Section 5050 of the Fish and Game Code is amended to read:
5050. (a) (1) Except as provided in Section 2081.7, 2081.9, or
2835, fully protected reptiles and amphibians or parts thereof may
not be taken or possessed at any time. No provision of this code or
any other law shall be construed to authorize the issuance of permits
or licenses to take any fully protected reptile or amphibian, and no
permits or licenses heretofore issued shall have any force or effect
for that purpose. However, the department may authorize the taking
of those species for necessary scientific research, including efforts
to recover fully protected, threatened, or endangered species. Prior
to authorizing the take of any of those species, the department
shall make an effort to notify all affected and interested parties to
solicit information and comments on the proposed authorization. The
notification shall be published in the California Regulatory Notice
Register and be made available to each person who has notified the
department, in writing, of his or her interest in fully protected
species and who has provided an 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 any relevant information and
comments on the proposed authorization.
(2) As used in this subdivision, "scientific research" does not
include any actions taken as part of specified mitigation for a
project, as defined in Section 21065 of the Public Resources Code.
(3) Legally imported fully protected reptiles or amphibians or
parts thereof may be possessed under a permit issued by the
department.
(b) The following are fully protected reptiles and amphibians:
(1) Blunt-nosed leopard lizard (Crotaphytus wislizenii silus).
(2) San Francisco garter snake (Thamnophis sirtalis tetrataenia).
(3) Santa Cruz long-toed salamander (Ambystoma macrodactylum
croceum).
(4) Limestone salamander (Hydromantes brunus).
(5) Black toad (Bufo boreas exsul).
