(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.)