Section 2080.3 Of Article 3. Taking, Importation, Exportation, Or Sale From California Fish And Game Code >> Division 3. >> Chapter 1.5. >> Article 3.
2080.3
. (a) Notwithstanding any other provision of this chapter, if
any person obtains from the Secretary of Commerce an enhancement of
survival permit pursuant to Section 1539(a)(1)(A) of Title 16 of the
United States Code 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 pursuant to
subsection (j) of that section and the San Joaquin River Restoration
Settlement Act (Part I of Subtitle A of Title X of Public Law
111-11), 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 of the
following requirements are met:
(1) That person shall notify the director in writing that the
person has received an enhancement of survival permit and include in
the notification a copy of the permit.
(2) Upon receipt of the notice specified in paragraph (1) of
subdivision (c), the director shall immediately have the notice
published in the General Public Interest section of the California
Regulatory Notice Register.
(3) Within 30 days after the director has received the notice
specified in paragraph (1), the director shall determine whether the
enhancement of survival permit will further the conservation of the
species. As used in this paragraph, "conservation" has the same
meaning as defined in Section 2061.
(4) The director shall immediately have the determination pursuant
to paragraph (3) published in the General Public Interest section of
the California Regulatory Notice Register.
(b) The timing and extent of a take authorization under this
section shall be limited to the terms in the federal enhancement of
survival permit and shall expire upon the expiration of the federal
permit.
(c) This section shall remain in effect only until the effective
date of an amendment to Section 1539 of Title 16 of the United States
Code that alters the requirements for issuing an enhancement of
survival permit, as applicable, and as of that date is repealed,
unless a later enacted statute, that is chaptered before the date
this section is repealed, deletes or extends that date.