(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.)