Article 3.5 - Barriers to Fish Passage

California Streets and Highways Code — §§ 156-156.5

Sections (6)

Added by Stats. 2005, Ch. 589, Sec. 3. Effective January 1, 2006.

For purposes of this article, the following definitions shall apply:

(a)“Fish passage” means the ability of an anadromous fish to access appropriate habitat at all points in its life cycle, including spawning and rearing.

(b)“Department” means the Department of Transportation.

§ 156.1

Amended by Stats. 2015, Ch. 12, Sec. 8. (AB 95) Effective June 24, 2015.

(a)The Director of Transportation shall prepare an annual report describing the status of the department’s progress in locating, assessing, and remediating barriers to fish passage. This report shall be given to the Legislature by October 31 of each year through the year 2025.

(b)Each report issued after October 31, 2016, shall include a status report on the remediation of barriers to fish passage on projects that have been identified pursuant to Section 156.5. The status report shall include, but is not limited to, all of the following information regarding a project identified pursuant to Section 156.5:

(1)Any updated information received by the department from the Department of Fish and Wildlife regarding the barriers to fish passage on the project.

(2)Whether funding has been committed to the project.

(3)The source of any funding for the project.

(4)The budget summary of the project.

(5)The status of inspections of culverts to ensure they are functioning properly and any other actions by the department to assess or remediate barriers to fish passage on the project.

(6)The applicable program initiation document work plan review.

(7)The estimated completion date for the project.

§ 156.2

Added by Stats. 2005, Ch. 589, Sec. 3. Effective January 1, 2006.

The department shall pursue development of a programmatic environmental review process with appropriate state and federal regulatory agencies for remediating barriers to fish passage that will streamline the permitting process for projects. The department shall include a description of its progress on this review process in the report specified in Section 156.1.

§ 156.3

Amended by Stats. 2006, Ch. 538, Sec. 638. Effective January 1, 2007.

For any project using state or federal transportation funds programmed after January 1, 2006, the department shall ensure that, if the project affects a stream crossing on a stream where anadromous fish are, or historically were, found, an assessment of potential barriers to fish passage is done prior to commencing project design. The department shall submit the assessment to the Department of Fish and Game and add it to the CALFISH database. If any structural barrier to passage exists, remediation of the problem shall be designed into the project by the implementing agency. New projects shall be constructed so that they do not present a barrier to fish passage. When barriers to fish passage are being addressed, plans and projects shall be developed in consultation with the Department of Fish and Game.

§ 156.4

Added by Stats. 2005, Ch. 589, Sec. 3. Effective January 1, 2006.

For any repair or construction project using state or federal transportation funds that affects a stream crossing on a stream where anadromous fish are, or historically were, found, the department shall perform an assessment of the site for potential barriers to fish passage and submit the assessment to the Department of Fish and Game.

§ 156.5

Added by Stats. 2015, Ch. 12, Sec. 9. (AB 95) Effective June 24, 2015.

(a)The Department of Fish and Wildlife shall identify projects described in this article that present the most significant barriers to fish passage.

(b)The department shall prioritize and expedite the remediation of barriers to fish passage on projects identified pursuant to subdivision (a).

(c)For the 2015–16 fiscal year, the sum of five million dollars ($5,000,000) is hereby appropriated from the State Highway Account in the State Transportation Fund to the Department of Transportation for the identification and remediation of high-priority fish passages consistent with this section and Section 156.1.