Cal. Fish & G. Code § 5515

Current through the 2023 Legislative Session.
Section 5515 - Taking fully protected fish prohibited; scientific research; fully protected fish listed
(a)
(1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, 2081.11, 2081.15, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of that person's interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization.
(2) As used in this subdivision, "scientific research" does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3) A legally imported fully protected fish may be possessed under a permit issued by the department.
(b) The following are fully protected fish:
(1) Colorado River squawfish (Ptychocheilus lucius).
(2) Mohave chub (Gila mohavensis).
(3) Lost River sucker (Deltistes luxatus and Catostomus luxatus).
(4) Modoc sucker (Catostomus microps).
(5) Shortnose sucker (Chasmistes brevirostris).
(6) Humpback sucker (Xyrauchen texanus).
(7) Owens pupfish (Cyprinodon radiosus).
(8) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).
(9) Rough sculpin (Cottus asperrimus).

Ca. Fish and Game Code § 5515

Amended by Stats 2023 ch 59 (SB 147),s 6, eff. 7/10/2023.
Amended by Stats 2018 ch 586 (AB 2640),s 3, eff. 1/1/2019.
Amended by Stats 2016 ch 515 (AB 2001),s 2.3, eff. 1/1/2017.
Amended by Stats 2016 ch 387 (AB 2488),s 3.1, eff. 1/1/2017.
Amended by Stats 2016 ch 293 (AB 1845),s 3, eff. 1/1/2017.
Amended by Stats 2015 ch 620 (AB 353),s 3.5, eff. 10/8/2015, op. 1/1/2016.
Amended by Stats 2015 ch 620 (AB 353),s 3, eff. 10/8/2015.
Amended by Stats 2015 ch 154 (AB 1527),s 80, eff. 1/1/2016.
Amended by Stats 2011 ch 596 (SB 618),s 7, eff. 1/1/2012.
Amended by Stats 2003 ch 735 (SB 412),s 4, eff. 1/1/2004.
Amended by Stats 2002 ch 617 (SB 482),s 6, eff. 1/1/2003.