BILL NUMBER: AB 353	AMENDED
	BILL TEXT

	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  require   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 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.
   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. 
   SECTION 1.   SEC. 2.   Section 2081.6 is
added to the Fish and Game Code, to read:
   2081.6.  The department  shall   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
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:
   (a) 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) The requirements of subdivisions (b) and (c) of Section 2081
are satisfied for the take of the unarmored threespine stickleback.
   (c) The take authorization provides 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) 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.
   SEC. 2.   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 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).