Section 2080.1 Of Article 3. Taking, Importation, Exportation, Or Sale From California Fish And Game Code >> Division 3. >> Chapter 1.5. >> Article 3.
2080.1
. (a) Notwithstanding any other provision of this chapter, or
Chapter 10 (commencing with Section 1900) or Chapter 11 (commencing
with Section 1925) of Division 2, but subject to subdivision (c), if
any person obtains from the Secretary of the Interior or the
Secretary of Commerce an incidental take statement pursuant to
Section 1536 of Title 16 of the United States Code or an incidental
take permit pursuant to Section 1539 of Title 16 of the United States
Code that authorizes the taking of an endangered species or a
threatened species that is listed pursuant to Section 1533 of Title
16 of the United States Code 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 both of the following:
(1) Notifies the director in writing that the person has received
an incidental take statement or an incidental take permit issued
pursuant to the federal Endangered Species Act of 1973 (16 U.S.C.A.
Sec. 1531 et seq.).
(2) Includes in the notice to the director a copy of the
incidental take statement or incidental take permit.
(b) Upon receipt of the notice specified in paragraph (1) of
subdivision (a), the director shall immediately have published in the
General Public Interest section of the California Regulatory Notice
Register the receipt of that notice.
(c) Within 30 days after the director has received the notice
described in subdivision (a) that an incidental take statement or an
incidental take permit has been issued pursuant to the federal
Endangered Species Act of 1973, the director shall 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.
(d) The director shall immediately publish the determination
pursuant to subdivision (c) in the General Public Interest section of
the California Regulatory Notice Register.
(e) Unless deleted or extended by a later enacted statute that is
chaptered before the date this section is repealed, this section
shall remain in effect only until, and is repealed on, the effective
date of an amendment to Section 1536 or Section 1539 of Title 16 of
the United States Code that alters the requirements for issuing an
incidental take statement or an incidental take permit, as
applicable.