Section 2080.4 Of Article 3. Taking, Importation, Exportation, Or Sale From California Fish And Game Code >> Division 3. >> Chapter 1.5. >> Article 3.
2080.4
. (a) If a population of spring run Chinook salmon in the San
Joaquin River is designated as an experimental population under
subsection (j) of Section 1539 of Title 16 of the United States Code,
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 following requirements are met:
(1) The Secretary of Commerce has published regulations in the
Federal Register specifying management restrictions, protective
measures, prohibitions, and exceptions to the prohibitions for the
designated experimental population of spring run Chinook salmon in
the San Joaquin River.
(2) The director has determined, in writing, that the management
restrictions, protective measures, prohibitions and exceptions to
prohibitions contained in the regulations specified in paragraph (1)
meet the requirements in subdivision (b).
(3) The action or activity that results in incidental take of the
designated experimental population is authorized by the regulations
published in the Federal Register.
(b) The director shall issue the determination described in
paragraph (2) of subdivision (a), if the director finds that the
federal regulations described in paragraph (1) of subdivision (a)
meet all of the following criteria:
(1) The federal regulations will further the conservation of the
spring run Chinook salmon. As used in this paragraph, "conservation"
has the same meaning as defined in Section 2061.
(2) The federal regulations contain all reasonably feasible
measures to avoid and minimize the impacts of any taking allowed by
the regulation.
(3) The federal regulations will not jeopardize the continued
existence or recovery of spring run Chinook salmon, and will not
jeopardize the restoration of spring run Chinook salmon in the San
Joaquin River.
(c) If the director determines that the federal regulations
described in paragraph (1) of subdivision (a) are not consistent with
this chapter, or if the action or activity that results in
incidental take is not authorized in those federal regulations, then
the incidental take of members of the designated experimental
population may only be authorized pursuant to this chapter.
(d) The director shall publish the determination, pursuant to
paragraph (2) of subdivision (a), and subdivision (b), in the General
Public Interest section of the California Regulatory Notice
Register.