Taking, Importation, Exportation, or Sale
Cal. FGC § 2080.3
California Statutes
(
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 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), the director shall immediately have the notice published in the General Public Interest
section of the California Regulatory Notice Register.
(3) Within 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 of Title 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Code that alters the requirements for issuing an enhancement of survival permit, as applicable, and as of that date is repealed.