AB 2001, as introduced, Mathis. Fish: fully protected species: taking or possession.
Existing law prohibits the taking or possession of a fully protected fish, except as provided. Under existing law, the Department of Fish and Wildlife is authorized to permit the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. For these purposes, scientific research does not include an action taken as part of specified mitigation for a project, as defined.
This bill would instead authorize the department to permit the taking of those species for necessary scientific research or for efforts to recover fully protected, threatened, or endangered species.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 5515 of the Fish and Game Code is
2amended to read:
(a) (1) Except as provided in this section, Section
42081.6, Section 2081.7, or Section 2835, a fully protected fish may
P2 1not be taken or possessed at any time. No provision of this code
2or any other law shall be construed to authorize the issuance of a
3permit or license to take a fully protected fish, and no permit or
4license previously issued shall have force or effect for that purpose.
5However, the department may authorize the taking of a fully
6protected fish for necessary scientificbegin delete research, includingend deletebegin insert research
7or forend insert efforts to recover fully protected, threatened, or endangered
8species. Before authorizing the take of
a fully protected fish, the
9department shall make an effort to notify all affected and interested
10parties to solicit information and comments on the proposed
11authorization. The notification shall be published in the California
12Regulatory Notice Register and be made available to each person
13who has notified the department, in writing, of his or her interest
14in fully protected species and who has provided an email address,
15if available, or postal address to the department. Affected and
16interested parties shall have 30 days after notification is published
17in the California Regulatory Notice Register to provide relevant
18information and comments on the proposed authorization.
19(2) As used in this subdivision, “scientific research” does not
20include an action taken as part of specified mitigation for a project,
21as defined in Section 21065 of the Public Resources Code.
22(3) A legally
imported fully protected fish may be possessed
23under a permit issued by the department.
24(b) The following are fully protected fish:
25(1) Colorado River squawfish (Ptychocheilus lucius).
26(2) Thicktail chub (Gila crassicauda).
27(3) Mohave chub (Gila mohavensis).
28(4) Lost River sucker (Catostomus luxatus).
29(5) Modoc sucker (Catostomus microps).
30(6) Shortnose sucker (Chasmistes brevirostris).
31(7) Humpback sucker (Xyrauchen texanus).
32(8) Owens River pupfish (Cyprinoden radiosus).
33(9) Unarmored threespine stickleback (Gasterosteus aculeatus
34williamsoni).
35(10) Rough sculpin (Cottus asperrimus).
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