BILL NUMBER: AB 353	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lackey

                        FEBRUARY 17, 2015

   An act to amend Section 5515 of the Fish and Game Code, relating
to fish.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 353, as introduced, Lackey. Fish: fully protected species:
taking or possession.
   Existing law prohibits the taking or possession of any fully
protected fish, except as provided. Under existing law, the
Department of Fish and Wildlife is authorized to permit the taking of
those species for necessary scientific research, including efforts
to recover fully protected, threatened, or endangered species.
   This bill would make a nonsubstantive change to those provisions.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 5515 of the Fish and Game Code is amended to
read:
   5515.  (a) (1) Except as provided in Section 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.  Prior to   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).