BILL NUMBER: AB 353	AMENDED
	BILL TEXT

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

INTRODUCED BY   Assembly Member Lackey

                        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.


	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   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. 
   Vote: majority. 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
  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.  
   (a) 
    (   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. 
   (b) 
    (   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.  
   (c) 
    (   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.  The adjusted measures
are subject to Section 2052.1.  
   (d) 
    (   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  e-mail   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   2081.7,
 or  Section  2835,  a  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 
 a permit  or  licenses   license 
to take  any   a  fully protected fish,
and no  permits   permit  or 
licenses heretofore   license previously  issued
shall have  any  force or effect for that purpose.
However, the department may authorize the taking of  those
species   a fully protected fish  for necessary
scientific research, including efforts to recover fully protected,
threatened, or endangered species.  Prior to  
Before  authorizing the take of  any of those species,
  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  e-mail
  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   an action  taken as
part of specified mitigation for a project, as defined in Section
21065 of the Public Resources Code.
   (3)  Legally   A 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. 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.