reglab/housing_qa huggingface dataset:
CA Fish & Game Code § 2080.3 (2021)
2021 California Code|Fish and Game Code - FGC|DIVISION 3 - FISH AND GAME GENERALLY|CHAPTER 1.5 - Endangered Species|ARTICLE 3 - Taking, Importation, Exportation, or Sale|Section 2080.3.

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Code that alters the requirements for issuing an enhancement of survival permit, as applicable, and as of that date is repealed, unless a later enacted statute, that is chaptered before the date this section is repealed, deletes or extends that date.(Added by Stats. 2010, Ch. 291, Sec. 2. (SB 1349) Effective January 1, 2011. Repealed conditionally by its own provisions.)
CA Fish & Game Code § 2080.4 (2021)
2021 California Code|Fish and Game Code - FGC|DIVISION 3 - FISH AND GAME GENERALLY|CHAPTER 1.5 - Endangered Species|ARTICLE 3 - Taking, Importation, Exportation, or Sale|Section 2080.4.

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.(Added by Stats. 2010, Ch. 291, Sec. 3. (SB 1349) Effective January 1, 2011.)
CA Fish & Game Code § 2080.5 (2021)
2021 California Code|Fish and Game Code - FGC|DIVISION 3 - FISH AND GAME GENERALLY|CHAPTER 1.5 - Endangered Species|ARTICLE 3 - Taking, Importation, Exportation, or Sale|Section 2080.5.

2080.5.  (a) Notwithstanding any other provision of this chapter, if any person obtains from the Secretary of Commerce or the Secretary of the Interior 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 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 candidate species pursuant to this chapter in order to establish or maintain an experimental population, 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 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 30 days after the director has received the notice specified in paragraph (1), the director determines 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) (1) 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.(2) If the director becomes aware that this section has been repealed pursuant to this subdivision, the director shall notify the Legislature of that fact pursuant to Section 9795 of the Government Code. (Added by Stats. 2017, Ch. 276, Sec. 1. (AB 1133) Effective January 1, 2018. Repealed on date prescribed by its own provisions.)
CA Fish & Game Code § 2080.6 (2021)
2021 California Code|Fish and Game Code - FGC|DIVISION 3 - FISH AND GAME GENERALLY|CHAPTER 1.5 - Endangered Species|ARTICLE 3 - Taking, Importation, Exportation, or Sale|Section 2080.6.

2080.6.  (a) For purposes of this chapter, “experimental population” means any population nonessential to the continued existence of an endangered, threatened, or candidate species, including any eggs, propagules, individuals, or offspring arising solely therefrom, that the Secretary of the Interior or the Secretary of Commerce designates as an experimental population pursuant to Section 1539(j) of Title 16 of the United States Code.(b) If a population of a species is an experimental population, 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 the Interior or the Secretary of Commerce has published regulations in the Federal Register for the designated experimental population as required by Section 1539(j) of Title 16 of the United States Code.(2) The director has determined, in writing, that the regulations specified in paragraph (1) meet the requirements in subdivision (c).(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.(c) The director shall issue the determination described in paragraph (2) of subdivision (b), if the director finds that the federal regulations described in paragraph (1) of subdivision (b) meet all of the following criteria:(1) The federal regulations will further the conservation of the species. As used in this paragraph, “conservation” has the same meaning as defined in Section 2061.(2) The federal regulations contain 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 the species.(d) If the director determines that the federal regulations described in paragraph (1) of subdivision (b) are not consistent with this chapter, or if the action or activity that results in incidental take is not authorized in those federal regulations, the incidental take of members of the designated experimental population may only be authorized pursuant to the other provisions of this chapter.(e) The director shall publish the determination, pursuant to paragraph (2) of subdivision (b), and subdivision (d), in the General Public Interest section of the California Regulatory Notice Register.(Added by Stats. 2017, Ch. 276, Sec. 2. (AB 1133) Effective January 1, 2018.)
CA Fish & Game Code § 2080.7 (2021)
2021 California Code|Fish and Game Code - FGC|DIVISION 3 - FISH AND GAME GENERALLY|CHAPTER 1.5 - Endangered Species|ARTICLE 3 - Taking, Importation, Exportation, or Sale|Section 2080.7.

2080.7.  It is the intent of the Legislature that, before the introduction of an experimental population, as defined in Section 2080.6, onto land or into waters of this state, the department should undertake appropriate public outreach, including public meetings, in an effort to inform the public about the proposed introduction of the experimental population and its potential effects, if any, on ongoing human activities. To the extent practicable, this public outreach should include inviting other public boards, departments, or agencies that may have a regulatory or other role regarding the experimental population to collaborate with the department. Nothing in this section shall be construed to modify any other law or legal obligation.(Added by Stats. 2017, Ch. 276, Sec. 3. (AB 1133) Effective January 1, 2018.)
CA Fish & Game Code § 2081 (2021)
2021 California Code|Fish and Game Code - FGC|DIVISION 3 - FISH AND GAME GENERALLY|CHAPTER 1.5 - Endangered Species|ARTICLE 3 - Taking, Importation, Exportation, or Sale|Section 2081.

2081.  The department may authorize acts that are otherwise prohibited pursuant to Section 2080, as follows:(a) Through permits or memorandums of understanding, the department may authorize individuals, public agencies, universities, zoological gardens, and scientific or educational institutions, to import, export, take, or possess any endangered species, threatened species, or candidate species for scientific, educational, or management purposes.(b) The department may authorize, by permit, the take of endangered species, threatened species, and candidate species if all of the following conditions are met:(1) The take is incidental to an otherwise lawful activity.(2) The impacts of the authorized take shall be minimized and fully mitigated. The measures required to meet this obligation shall be roughly proportional in extent to the impact of the authorized taking on the species. Where various measures are available to meet this obligation, the measures required shall maintain the applicant’s objectives to the greatest extent possible. All required measures shall be capable of successful implementation. For purposes of this section only, impacts of taking include all impacts on the species that result from any act that would cause the proposed taking.(3) The applicant shall ensure adequate funding to implement the measures required by paragraph (2), and for monitoring compliance with, and effectiveness of, those measures.(c) No permit may be issued pursuant to subdivision (b) if issuance of the permit would jeopardize the continued existence of the species. The department shall make this determination based on the best scientific and other information that is reasonably available, and shall include consideration of the species’ capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of (1) known population trends; (2) known threats to the species; and (3) reasonably foreseeable impacts on the species from other related projects and activities.(d) The department shall adopt regulations to aid in the implementation of subdivision (b) and the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, with respect to authorization of take. The department may seek certification pursuant to Section 21080.5 of the Public Resources Code to implement subdivision (b).(e) Commencing January 1, 2019, the department shall post each new permit issued pursuant to subdivision (b) on its Internet Web site within 15 days of the effective date of the permit.(Amended by Stats. 2018, Ch. 329, Sec. 11.5. (SB 473) Effective January 1, 2019.)
CA Fish & Game Code § 2081.1 (2021)
2021 California Code|Fish and Game Code - FGC|DIVISION 3 - FISH AND GAME GENERALLY|CHAPTER 1.5 - Endangered Species|ARTICLE 3 - Taking, Importation, Exportation, or Sale|Section 2081.1.

2081.1.  Nothing in this chapter or in any other provision of law prohibits the taking or the incidental taking of any endangered, threatened, or candidate species if the taking was authorized by the department through a permit or memorandum of understanding, or in a natural communities conservation plan, habitat conservation plan, habitat management plan, or other plan or agreement approved by or entered into by the department, or in an amendment to such a permit, memorandum of understanding, plan, or agreement and all of the following conditions are met:(a) The application process commenced on or before April 10, 1997.(b) The department approved the permit, memorandum of understanding, plan, agreement, or amendment thereto within either of the following timeframes:(A) On or before April 10, 1997.(B) Between April 10, 1997, and January 1, 1998, and the department also certifies that the permit, memorandum of understanding, plan, agreement, or amendment thereto meets the substantive criteria of subdivision (b) of Section 2081.The permits, memoranda of understanding, plan, agreements, and amendments thereto described in this section are deemed to be in full force and effect, as of the date approved or entered into by the parties insofar as they authorize the take of species. This section does not apply to the “Emergency Management Measures Permit” issued by the department on March 15, 1995.(Added by Stats. 1997, Ch. 567, Sec. 3. Effective January 1, 1998.)
CA Fish & Game Code § 2081.4 (2021)
2021 California Code|Fish and Game Code - FGC|DIVISION 3 - FISH AND GAME GENERALLY|CHAPTER 1.5 - Endangered Species|ARTICLE 3 - Taking, Importation, Exportation, or Sale|Section 2081.4.

2081.4.  (a) The department may authorize, under this chapter, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to replacing the Spring Creek Bridge in the County of Shasta, if all of the following conditions are satisfied:(1) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the rough sculpin.(2) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the project.(3) The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of a monitoring program and an adaptive management process until the department determines that any impacts resulting from the replacement of the Spring Creek Bridge have been fully mitigated.(b) This section shall not be construed to exempt the project described in subdivision (a) from any other law.(Added by Stats. 2016, Ch. 293, Sec. 2. (AB 1845) Effective January 1, 2017.)
CA Fish & Game Code § 2081.5 (2021)
2021 California Code|Fish and Game Code - FGC|DIVISION 3 - FISH AND GAME GENERALLY|CHAPTER 1.5 - Endangered Species|ARTICLE 3 - Taking, Importation, Exportation, or Sale|Section 2081.5.

2081.5.  (a) The department may authorize under this chapter, by permit, the take of the Santa Cruz long-toed salamander (Ambystoma macrodactylum croceum) resulting from impacts attributable to the construction along the State Route 156 corridor through Moro Cojo Slough in the County of Monterey for the purpose of enhancing safety and access, if all of the following conditions are satisfied:(1) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the Santa Cruz long-toed salamander.(2) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the construction project. (3) The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of a monitoring program and an adaptive management process until the department determines that any impacts resulting from the construction project described in this subdivision have been fully mitigated.(b) The conditions for the permit are subject to amendment if required by the monitoring program and the adaptive management process adopted pursuant to paragraph (3) of subdivision (a).(c) This section shall not be construed to exempt the construction project described in subdivision (a) from any other law. (Added by Stats. 2020, Ch. 237, Sec. 1. (SB 1231) Effective January 1, 2021.)
CA Fish & Game Code § 2081.6 (2021)
2021 California Code|Fish and Game Code - FGC|DIVISION 3 - FISH AND GAME GENERALLY|CHAPTER 1.5 - Endangered Species|ARTICLE 3 - Taking, Importation, Exportation, or Sale|Section 2081.6.

2081.6.  (a) The department may authorize, under this chapter, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) resulting from impacts attributable to the habitat restoration project to restore, maintain, and improve riparian habitat on public lands in the geographic area defined in paragraph (1) and projects to restore the flow capacity to Bouquet Creek in Bouquet Canyon on public lands, undertaken by the Los Angeles County Department of Public Works, the Los Angeles Department of Water and Power, and the United States Department of Agriculture, Forest Service, if all of the following conditions are satisfied:(1) The take authorization is limited to the portion of Bouquet Creek located from a position normal to mile marker 8.3 on Bouquet Canyon Road to a position normal to mile marker 16.3 on Bouquet Canyon Road, inclusive.(2) The department has determined that the appropriate agreements have been executed to address environmental impacts at the Bouquet Canyon area, including, but not limited to, Bouquet Creek.(3) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the unarmored threespine stickleback.(4) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the projects. (5) A biologist will be on duty whenever an activity is conducted that may affect the unarmored threespine stickleback.(6) The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of a monitoring program and an adaptive management process that satisfy the conservation standard of subdivision (d) of Section 2805 for monitoring the effectiveness of, and adjusting, as necessary, the measures to minimize and fully mitigate the impacts of the authorized take.(7) The take authorization provides for the development and implementation, in cooperation with state and federal agencies, of an adaptive management process that substantially contributes to the long-term conservation of the unarmored threespine stickleback.(b) This section shall not be construed to exempt the projects described in subdivision (a) from any other law.(c) This section shall not be construed to affect the contractual obligations of the Los Angeles Department of Water and Power to provide water from Bouquet Reservoir.(Added by Stats. 2015, Ch. 620, Sec. 2. (AB 353) Effective October 8, 2015.)
CA Fish & Game Code § 2081.8 (2021)
2021 California Code|Fish and Game Code - FGC|DIVISION 3 - FISH AND GAME GENERALLY|CHAPTER 1.5 - Endangered Species|ARTICLE 3 - Taking, Importation, Exportation, or Sale|Section 2081.8.

2081.8.  The Resources Agency shall undertake the necessary activities to assess the protection of recreational opportunities, including, but not limited to, hunting, fishing, boating, and birdwatching, and the creation of opportunities for improved local economic conditions, surrounding the Salton Sea. The Resources Agency shall not undertake any of those activities if the agency determines they would constitute a project purpose for environmental documentation that is prepared pursuant to Section 2081.7.(Added by Stats. 2004, Ch. 614, Sec. 2. Effective January 1, 2005.)
CA Fish & Game Code § 2081.11 (2021)
2021 California Code|Fish and Game Code - FGC|DIVISION 3 - FISH AND GAME GENERALLY|CHAPTER 1.5 - Endangered Species|ARTICLE 3 - Taking, Importation, Exportation, or Sale|Section 2081.11.

2081.11.  (a) The department may authorize, under this chapter, the take or possession of the Lost River sucker (Deltistes luxatus and Catostomus luxatus) and shortnose sucker (Chasmistes brevirostris) resulting from impacts attributable to or otherwise related to the decommissioning and removal of the Iron Gate Dam, the Copco 1 Dam, the Copco 2 Dam, or the J.C. Boyle Dam, each located on the Klamath River, consistent with the Klamath Hydroelectric Settlement Agreement, if all of the following conditions are met:(1) The department finds the authorized take will not jeopardize the continued existence of the Lost River sucker or shortnose sucker.(2) The impacts of the authorized take are minimized.(3) The take authorization requires department approval of a sampling, salvage, and relocation plan to be implemented and that describes the measures necessary to minimize the take of adult Lost River sucker and shortnose sucker associated with the department’s authorization. The plan shall provide for a sampling effort, the results of which will provide information used to make decisions and to implement the plan while utilizing the principles of adaptive management.(b) This section shall not be construed to exempt the project described in subdivision (a) from any other law.(Added by Stats. 2018, Ch. 586, Sec. 1. (AB 2640) Effective January 1, 2019.)