BILL ANALYSIS Ó
AB 1961
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Date of Hearing: April 10, 2012
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
AB 1961 (Huffman) - As Amended: April 9, 2012
SUBJECT : Coho salmon
SUMMARY : Allows the Department of Fish and Game (DFG), in
order to prevent the extinction of Coho salmon, an expedited
mechanism to approve restoration projects that meet specific
criteria. Specifically, this bill :
1)Makes legislative findings regarding the decline of Coho
salmon and the need to prevent their extinction.
2)Creates the Coho Salmon Habitat Enhancement Leading to
Preservation Act (Coho HELP Act).
3)Limits the geographic scope and type of enhancement projects
that are eligible for approval by the DFG director (director)
under the Coho HELP Act to projects within a region described
in an adopted state or federal coho salmon recovery plan that
do one or more of the following: restore stream banks, modify
water crossings, or place wood to enhance habitat or increase
stream complexity.
4)Specifies that an eligible Coho HELP Act project must be:
a) Consistent with fish passage guidelines and coho salmon
recovery plans;
b) Voluntary;
c) Less than 5 acres in size or 500 linear feet, measured
by calculating the direct area of impact;
d) Complete within 5 years; and,
e) Less than significant in terms of any negative
environmental effects, including cumulative effects.
5)Provides that the director's approval of a Coho HELP Act
project is in lieu of any other permit, license or approval
issued by DFG including, but not limited to, a California
Endangered Species Act permit, Native Plan permit, or Lake and
Streambed Alteration Program agreement.
6)Acknowledges the director's approval of a Coho HELP Act
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project is an action taken by a regulatory agency to assure
the maintenance, restoration, or enhancement of a natural
resource where the regulatory process involves procedures for
the protection of the environment.
7)Requires the entity requesting approval of a project under the
Coho HELP Act provide the director with detailed information
including, but not limited to, project design criteria,
implementation methods, project schedule, environmental
protection measures, and details as to how the project will
result in a net benefit to Coho and other species.
8)Requires the director to approve a Coho HELP Act project
within 60 days after receiving a complete written request if
there is substantial evidence that the Coho HELP Act project
meets all specified criteria.
9)Allows the director to rescind approval of a Coho HELP Act
project, after specified notice to the project proponent and
an opportunity for objection, if there is a material change
between the project as submitted and the project being
implemented or a change in the environmental circumstances of
the area of implementation.
10)Allows DFG, in order to implement the Coho HELP Act, to
receive funds from any public agency, person, or business
entity and to adopt emergency regulations.
11)Repeals the Coho HELP Act on January 1, 2018.
EXISTING LAW :
1)Establishes that DFG is the trustee for the fish and wildlife
resources of California.
2)Prohibits any act which could directly or indirectly "take"
species listed under the California Endangered Species Act
(CESA) unless authorization is provided by DFG.
3)Requires DFG authorization if an action could affect an
endangered or rare native plant unless the entity fits into
one of the exemptions for agricultural activities, timber
operations, or mining.
4)Requires an agreement with DFG in order to protect and
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conserve fish and wildlife resources if an activity could
change the bed, bank or channel of a stream or lake.
5)States that the specified activities to assure the
maintenance, restoration, or enhancement of a natural
resource, including small habitat restoration projects for
fish, plants or wildlife that do not exceed five acres in
size, are categorically exempt from further review under the
California Environmental Quality Act.
FISCAL EFFECT : Unknown
COMMENTS : On August 16, 2011, the Joint Legislative Committee
on Fisheries and Aquaculture held an oversight hearing entitled
"Coho on the Brink." During that hearing testimony was provided
by DFG that current recovery plans for coho salmon were prompted
by the unprecedented low numbers of returning adult wild fish
that could spawn. DFG stated that the estimated population high
for this species in California during the 1940s was between
250,000 to 500,000 fish. But, currently, population numbers are
at their lowest levels of a few thousand fish only.
DFG stated that recovery of listed populations would not only
benefit the fishery, but also the economy by directly recovering
depleted stocks so that fishing could become viable again and,
indirectly, by reducing the impacts that regulatory measures
which are necessary to protected fragile populations have on
ocean and river fishing for healthier stocks. DFG recognized
that recovery activities also infuse millions of dollars into
local communities for recovery and restoration efforts.
DFG's Recovery Strategy for Coho Salmon contains recommendations
that are both range-wide and area-specific to help restore coho
salmon populations. These include, but are not limited to,
increasing fish passage by modifying culverts and other stream
crossings, restoring and enhancing riparian areas, restoring
habitat connectivity, improving stream channels to add
complexity, and placing wood in-stream to provide shade, refuge,
food sources, and other coho salmon benefits.
Support arguments : Supporters state that "each of California's
coho salmon populations is at risk of permanent extirpation from
the very watersheds that once teemed with fish. Less than 1% of
California's historic coho salmon fishery remains. This is
unacceptable not only to each of us, but to California's tribes,
local water agencies, watershed landowners, and the public at
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large." Supporters add that "Unfortunately, while our
on-the-ground landowner, local agency, and resource conservation
district partners stand by to help with their expertise and
financial resources, the need for restoration projects is
overwhelming the ability of the state to sanction them. Urgent
action is necessary to give the state and its restoration
partners new tools to help ensure the efficient approval and
implementation of coho habitat restoration projects."
REGISTERED SUPPORT / OPPOSITION :
Support
CalTrout (Sponsor)
The Nature Conservancy (Sponsor)
Trout Unlimited (Sponsor)
Big Sur Land Trust
City of Santa Cruz
County of Santa Cruz
Land Trust of Santa Cruz County
Marin Agricultural Land Trust
Marin County Board of Supervisors
Marin Resource Conservation District
Pacific Forest Trust
Peninsula Open Space Trust
Sonoma County Agricultural Preservation and Open Space District
Sonoma County Board of Supervisors
Sonoma County Water Agency
Sustainable Conservation
Opposition
None on file
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096