Electrical transmission infrastructure: taking of birds, nests, and eggs: permits.

Existing law establishes the Department of Fish and Wildlife and requires the department to enforce and administer the fish and game laws pursuant to the policies formulated by the Fish and Game Commission. Existing law makes it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as provided. Existing law makes it is unlawful to take, possess, or destroy any birds-of-prey or to take, possess, or destroy the nest or eggs of these birds, except as provided. For these purposes, under existing law "take" means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. This bill would authorize the department to issue a permit to an applicant to take the nests or eggs of any bird and to take any birds-of-prey if the take is incidental to the construction of an electrical transmission infrastructure project, as defined, and if the applicant satisfies other specified conditions. This bill would require an application for a permit to be submitted to each regional manager for the region or regions in which the electrical transmission infrastructure project will be located and to contain specified information. This bill would provide that these permits shall be subject to the Permit Streamlining Act. This bill would provide that these provisions shall remain in effect until January 1, 2015, or until the date of final adoption of regulations by the Fish and Game Commission authorizing a permitting program for take of birds, eggs, and nests protected by the provisions described above, whichever is sooner. Under existing law, the department is authorized to issue permits to take specified birds and animals. A violation of a permit issued by the department is a crime. Because this bill would authorize the department to issue a permit to take birds-of-prey and the nests and eggs of any bird, the violation of which would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.