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SHC Sec 156-156.4 Barriers to Fish Passages
STREETS AND HIGHWAYS CODE
156. For purposes of this article, the following definitions shall
(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. 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 2020.
156.2. 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. For any project using state or federal transportation funds
programmed after January 1, 2006, the department shall insure 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. 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.