Endangered Species Regulation

Division 3, Chapter 1.5, Article 3 deals with taking, importing, exporting, and selling of endangered species in California.

Section 2080 prohibits any person or public agency from importing into this state, exporting out of this state, or taking, possessing, purchasing, or selling within this state, any species, or any part or product thereof, that the commission determines to be an endangered species or a threatened species, or attempt any of those acts, except as otherwise provided in this chapter or other laws.

Section 2080.1 provides that, if any person obtains from the United States Secretary of the Interior or the United States Secretary of Commerce an incidental take statement pursuant to federal law that authorizes the taking of an endangered species or a threatened species that is listed pursuant to that federal act and that is an endangered species, threatened species, or a candidate species pursuant to this chapter, no further authorization or approval is necessary under this chapter for that person to take that endangered species, threatened species, or candidate species identified in, and in accordance with, the incidental take statement or incidental take permit, if that person does all three specified actions.

The director is required to immediately have published in the General Public Interest section of the California Regulatory Notice Register the receipt of that notice. Within 30 days after the director has received the notice that an incidental take statement or an incidental take permit has been issued pursuant to the federal Endangered Species Act of 1973, the director is required to determine whether the incidental take statement or incidental take permit is consistent with this chapter.

If the director determines within that 30-day period, based upon substantial evidence, that the incidental take statement or incidental take permit is not consistent with this chapter, then the taking of that species may only be authorized pursuant to this chapter. The director must immediately publish the determination in the General Public Interest section of the California Regulatory Notice Register.

Section 2080.2 contains four legislative findings and declarations.

Section 2080.3 provides that, if any person obtains from the Secretary of Commerce an enhancement of survival permit that authorizes the taking of spring run Chinook salmon (Oncorhynchus tshawytscha) in order to establish or maintain an experimental population in the San Joaquin River, no further authorization or approval is necessary under this chapter for that person to take that species as identified in, and in accordance with, the enhancement of survival permit, if all four of the specified requirements are met.

Section 2080.4 states that, if a population of spring run Chinook salmon in the San Joaquin River is designated as an experimental population, no further authorization or approval is necessary under this chapter for any person to incidentally take members of that experimental population, if all three of the following requirements are met. The director is required to issue the determination if the director finds that the federal regulations meet all three of the following criteria.

Section 2080.5 specifies that, if any person obtains from the Secretary of Commerce or the Secretary of the Interior an enhancement of survival permit that authorizes the taking of an endangered species or a threatened species that is listed pursuant to this chapter in order to establish or maintain an experimental population, no further authorization or approval is necessary under this chapter for that person to take that endangered species, threatened species, or candidate species identified in, and in accordance with, the enhancement of survival permit, if all four of the following requirements are met.

Section 2080.6 defines the term “experimental population.” If a population of a species is an experimental population, no further authorization or approval is necessary under this chapter for any person to incidentally take members of that experimental population, if all of the three specified requirements are met.

Section 2080.7 provides several statements of legislative intent.

Section 2081 provides that the department may authorize acts that are otherwise prohibited in the manner specified in this section.

Section 2081.1 states that nothing in this chapter or in any other provision of law prohibits the taking or the incidental taking of any endangered, threatened, or candidate species if the taking was authorized by the department through a permit or memorandum of understanding, or in a natural communities conservation plan, habitat conservation plan, habitat management plan, or other plan or agreement approved by or entered into by the department, or in an amendment to such a permit, memorandum of understanding, plan, or agreement and all of the specified conditions are met.

Section 2081.2 contains the following defined terms: “permit,” “permit application,” “permittee,” “project,” “project cost,” and “voluntary habitat restoration project.” The department is required to collect a permit application fee for processing a permit application submitted pursuant to this article at the time the permit application is submitted to the department. This subdivision does not apply to three specified permits. The department is required to assess the permit application fee as described in this section.

Section 2081.4 allows the department to authorize, under this chapter, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to replacing the Spring Creek Bridge in the County of Shasta, if all three of the specified conditions are satisfied.

Section 2081.5 allows the department to authorize under this chapter, by permit, the take of the Santa Cruz long-toed salamander (Ambystoma macrodactylum croceum) resulting from impacts attributable to the construction along the State Route 156 corridor through Moro Cojo Slough in the County of Monterey for the purpose of enhancing safety and access, if all of the three specified conditions are satisfied.

Section 2081.6 allows the department to 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 geographic area defined in law 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 seven specified conditions are satisfied.

Section 2081.7 allows the department to authorize, if specified conditions in law are met, to the take of species resulting from impacts attributable to the implementation of the Quantification Settlement Agreement on four specified water qualities. The Quantification Settlement Agreement was executed by the appropriate parties before October 12, 2003. Also, the department determined that the appropriate agreements were executed to address environmental impacts at the Salton Sea that include enforceable commitments requiring all of the six specified requirements. Four additional specified conditions also have to have been met. There are also extensive requirements for the Salton Sea specified in this section.

Section 2081.8 requires the Resources Agency to undertake the necessary activities to assess the protection of recreational opportunities, including hunting, fishing, boating, and birdwatching, and the creation of opportunities for improved local economic conditions, surrounding the Salton Sea.

Section 2081.9 allows the department to authorize, under this chapter, the incidental take of limestone salamander (Hydromantes brunus) resulting from impacts attributable to the Department of Transportation’s implementation of the Ferguson Slide Permanent Restoration Project on State Route 140 contingent upon the fulfillment of the seven specified conditions.

Section 2081.10 allows the department to authorize, under this chapter, the incidental take of unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) attributable to the periodic dewatering, inspection, maintenance, modification, or repair, including emergency repair, of the Metropolitan Water District of Southern California’s Foothill Feeder water supply facility from Castaic Dam to the Joseph Jensen Treatment Plant in the County of Los Angeles, contingent upon the fulfillment of the five specified conditions.

The take authorization covers any incidental take of unarmored threespine stickleback attributable to the periodic dewatering, inspection, maintenance, modification, or repair, including emergency repair, of the Foothill Feeder that may occur in the specified locations.

The take authorization also covers any incidental take of unarmored threespine stickleback that may occur in the course of implementing mitigation or conservation actions required in the permit issued as may be modified through an adaptive management plan. The permit issued must include conditions that cover biological and scientific considerations including criteria for the handling of stranded fish and their relocation into suitable habitat, the dewatering of the Foothill Feeder, and the reasonable and feasible mimicking of streamflows.

Section 2081.11 allows the department to authorize, under this chapter, the take or possession of the Lost River sucker (Deltistes luxatus and Catostomus luxatus) and shortnose sucker (Chasmistes brevirostris) resulting from impacts attributable to or otherwise related to the decommissioning and removal of the Iron Gate Dam, the Copco 1 Dam, the Copco 2 Dam, or the J.C. Boyle Dam, each located on the Klamath River, consistent with the Klamath Hydroelectric Settlement Agreement, if the three specified conditions are met.

Section 2081.12 allows the department to authorize, under this chapter, by permit, the take or possession of the blunt-nosed leopard lizard (Gambelia sila) resulting from impacts attributable to or otherwise related to the Allensworth Community Services District’s drilling and construction of a new water well, connection of the new water well to the existing distribution system, and construction of a new water storage tank, if both of the specified conditions are met.

Section 2081.13 allows the department to authorize, under this chapter, the incidental take of the salt-marsh harvest mouse (Reithrodontomys raviventris), the California Ridgway’s rail (Rallus obsoletus obsoletus), the California black rail (Laterallus jamaicensis coturniculus), and the white-tailed kite (Elanus leucurus) resulting from impacts attributable to the Sears Point to Mare Island Improvement Project on State Route 37 from east of Lakeville Highway near State Route 121 in the County of Sonoma to west of Sacramento Street in the County of Solano through the Counties of Sonoma, Napa, and Solano, if the four specified conditions are satisfied.

Section 2081.15 allows the department to authorize under this chapter by permit the take of species listed specified sections of state law resulting from impacts attributable to the implementation of the projects identified in this section if the four specified conditions are satisfied. Projects or categories of projects eligible for a take authorization permit pursuant to this section are limited to those five types that are specified in this section. This section does not apply to the specified projects.

By each July 1, the department is required to prepare and submit a report to the relevant policy and budget committees of the Legislature regarding the implementation of this section. The report has to include all of the specified information set forth in this section.

Section 2082 states that this chapter does not prohibit the sale of any endangered species or threatened species when the owner can demonstrate that the species, or part or product thereof, was in the person’s possession before the date upon which the commission listed the species as an endangered species or threatened species, and cannot prohibit the sale of that part or product by an individual not normally engaged in that sale if it was originally possessed by the seller for the seller’s own use and so used by that seller.

Section 2083 states that this chapter does not apply to the taking of fish otherwise authorized or to the possession of individual animals which were lawfully possessed before the commission listed the species as an endangered species or as a threatened species or as an endangered animal or rare animal.

Section 2084 allows the commission to authorize, subject to terms and conditions it prescribes, and based on the best available scientific information, the taking of any candidate species, or the taking of any fish by hook and line for sport that is listed as an endangered, threatened, or candidate species, provided that in either case the take is consistent with this chapter.

Section 2085 applies the provisions of this article to any species designated as a candidate species if notice has been given.