Bill Text: CA AB353 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Protected species: take: Bouquet Canyon: habitat restoration project.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2015-10-08 - Chaptered by Secretary of State - Chapter 620, Statutes of 2015. [AB353 Detail]

Download: California-2015-AB353-Amended.html

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BILL NUMBER: AB 353	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2015
	AMENDED IN SENATE  JULY 16, 2015
	AMENDED IN ASSEMBLY  APRIL 22, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Lackey
    (   Principal coauthor:   Senator 
 Runner   ) 

                        FEBRUARY 17, 2015

   An act to amend Section 5515 of, and to add Section 2081.6 to, the
Fish and Game Code, relating to  fish.   fish,
and declaring the urgency thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 353, as amended, Lackey. Protected species: take: Bouquet
Canyon: habitat restoration project.
   Existing law prohibits the taking or possession of any fully
protected fish, except as provided, and designates the unarmored
threespine stickleback 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 unarmored
threespine stickleback (Gasterosteus aculeatus williamsoni) resulting
from impacts attributable to the habitat restoration project to
restore, maintain, and improve riparian habitat on public lands in
the Bouquet Canyon area, and projects to restore the flow capacity to
Bouquet Creek in Bouquet Canyon on public lands, as specified, if
certain conditions are satisfied.
   This bill would incorporate additional changes in Section 5515 of
the Fish and Game Code, proposed by AB 1527, to be operative only if
AB 1527 and this bill are chaptered and become effective on or before
January 1, 2016, and this bill is chaptered last. 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares that the
environmental degradation of Bouquet Creek in Bouquet Canyon caused
by a devastating wildfire in 2002 and the historic floods in the
winter of 2004-05 has severely impacted the habitat of the unarmored
threespine stickleback. In order to restore the environment for this
fully protected species, the Los Angeles County Department of Public
Works, the Los Angeles Department of Water and Power, and the United
States Department of Agriculture, Forest Service, must be authorized
to take the unarmored threespine stickleback to complete their
environmental restoration project on Bouquet Creek in Bouquet Canyon.

  SEC. 2.  Section 2081.6 is added to the Fish and Game Code, to
read:
   2081.6.  (a) The department may authorize, under this chapter, the
take of the unarmored threespine stickleback (Gasterosteus aculeatus
williamsoni) resulting from impacts attributable to the habitat
restoration project to restore, maintain, and improve riparian
habitat on public lands in the Bouquet Canyon area, and projects to
restore the flow capacity to Bouquet Creek in Bouquet Canyon on
public lands, undertaken by the Los Angeles County Department of
Public Works, the Los Angeles Department of Water and Power, and the
United States Department of Agriculture, Forest Service, if all of
the following conditions are satisfied:
   (1) The take authorization is limited to the portion of Bouquet
Creek located from the outlet of Bouquet Reservoir to the boundary of
the Los Angeles National Forest.
   (2) The department has determined that the appropriate agreements
have been executed to address environmental impacts at the Bouquet
Canyon area, including, but not limited to, Bouquet Creek.
   (3) The requirements of subdivisions (b) and (c) of Section 2081
are satisfied for the take of the unarmored threespine stickleback.
   (4) The department ensures that all further measures necessary to
satisfy the conservation standard of subdivision (d) of Section 2805
are incorporated into the projects.
   (5) A biologist will be on duty whenever an activity is conducted
that may affect the unarmored threespine stickleback.
   (6) The take authorization provides for a monitoring program and
for the development and implementation, in cooperation with federal
and state agencies, 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.
   (7) The take authorization provides for the development and
implementation, in cooperation with state and federal agencies, of an
adaptive management process that substantially contributes to the
long-term conservation of the unarmored threespine stickleback.
   (b) This section shall not be construed to exempt the projects
described in subdivision (a) from any other law.
   (c) This section shall not be construed to affect the contractual
obligations of the Los Angeles Department of Water and Power to
provide water from Bouquet Reservoir.
  SEC. 3.  Section 5515 of the Fish and Game Code is amended to read:

   5515.  (a) (1) Except as provided in Section 2081.6, 2081.7, or
2835, fully protected fish 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 fish, 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. Before 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 fish or parts thereof 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. 3.5.  Section 5515 of the Fish and Game Code is amended to
read:
   5515.  (a) (1) Except as provided in this section, 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). 
  SEC. 4.    Section 3.5 of this bill incorporates
amendments to Section 5515 of the Fish and Game Code proposed by both
this bill and Assembly Bill 1527. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2016, (2) each bill amends Section 5515 of the Fish and Game Code,
and (3) this bill is enacted after Assembly Bill 1527, in which case
Section 3 of this bill shall not become operative. 
   SEC. 4.    Section 3.5 of this bill incorporates
amendments to Section 5515 of the Fish and Game Code proposed by both
this bill and Assembly Bill 1527. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2016, but this bill becomes operative first, (2) each bill amends
Section 5515 of the Fish and Game Code, and (3) this bill is enacted
after Assembly Bill 1527, in which case Section 5515 of the Fish and
Game Code, as amended by Section 3 of this bill, shall remain
operative only until the operative date of Assembly Bill 1527, at
which time Section 3.5 of this bill shall become operative. 
   SEC. 5   .    This act is an urgency statute
necessary for the immediate preservation of the public peace,
health, or safety within the meaning of Article IV of the
Constitution and shall go into immediate effect. The facts
constituting the necessity are:  
   In order for the unarmored threespine stickleback habitat
restoration project in Bouquet Canyon Creek proposed by the Los
Angeles County Department of Public Works to receive a take permit
from the Department of Fish and Wildlife so that this project may
begin as soon as possible, it is necessary for this act to take
effect immediately.