BILL ANALYSIS Ó
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
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BILL NO: AB 1961 HEARING DATE: June 26, 2012
AUTHOR: Huffman URGENCY: No
VERSION: June 19, 2012 CONSULTANT: Katharine Moore
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Coho salmon: habitat.
BACKGROUND AND EXISTING LAW
The Department of Fish and Game (department) is the trustee for
fish and wildlife resources in California. The department is
administered by the director (Fish and Game Code (FGC) §700).
Numerous activities related to fish and wildlife resources
require permits from the department. For example, existing law
requires that the department issue permits to authorize the
direct or indirect "take" of any species listed under the
California Endangered Species Act (CESA) (FGC §2050 et seq.) and
any action that could affect an endangered or rare native plant
(FGC §1900 et seq.). Further, in order to protect and conserve
fish and wildlife resources, any activity that will alter a
streambed must also obtain a permit from the department (FGC
§1600 et seq.). However, while a permit is still required,
there is a categorical exemption from further review under the
California Environmental Quality Act (CEQA) (Public Resources
Code (PRC) §21000 et seq.). for certain small scale projects
performed to maintain, restore or enhance natural resources.
Coho salmon are native to many northern California coastal
streams. Its historic range in California waters is from the
Oregon border to as far south as Santa Cruz county. There has
been a dramatic drop in coho salmon populations and estimates
are that only 1% of the original population - a few thousand
fish at best - remain. The species is at risk of extinction.
Both distinct "evolutionary significant units" - the Southern
Oregon/Northern California Coast and Central California Coast
coho salmon - are listed under the federal Endangered Species
Act and CESA. Coho in the southern end of the range are
endangered, and considered virtually extinct. Coho populations
have threatened status farther north.
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It is state policy to increase the state's salmonid resources
(FGC §6900 et seq., for example). Habitat restoration is widely
recognized as a critical factor to the restoration of coho and
other salmonid species. Coho need appropriate freshwater habitat
to survive including cold and clean water, clean gravel for
spawning, adequate food, and sufficient and varied stream flow.
Habitat restoration includes the placement of large woody debris
to increase stream complexity, facilitating fish passage through
the redesign of culverts and other structures blocking
migration, and restoring eroded or denuded streambanks by
re-vegetating stream corridors, among others. The department's
Recovery Strategy for Coho Salmon as well as recovery strategies
developed by the National Marine Fisheries Service contain these
and other recommendations to help restore coho populations.
On August 16, 2011, the Joint Legislative Committee on Fisheries
and Aquaculture held an oversight hearing titled "Coho on the
Brink". In addition to testifying to the dangerously low coho
salmon populations and proposed recovery strategies, the
department also noted that recovery projects boost economic
activity in local communities where they occur. Testimony by
the department and others indicated that risks of coho
extinction warranted rapid action.
PROPOSED LAW
This bill would:
Establish the Coho Salmon Habitat Enhancement Leading to
Preservation Act (the Coho HELP Act) (act)
Streamline and expedite the approval process for coho
salmon habitat enhancement projects in order to prevent
extinction. The habitat projects are limited to areas with
an approved coho salmon recovery plan and include
modifications of water crossings to remove barriers to fish
passage (e.g. replacing culverts), streambank restoration,
and wood placement to increase the complexity of stream
flow (e.g. placing wood stumps to form pools).
Require the director to approve a coho salmon habitat
enhancement project if certain conditions are met within 60
days of receiving a complete written request. The project
must maintain existing levels of human health and safety
protection, flood protection, and meet specified
requirements including that the project:
o is limited in size (less than 5 acres or 500
linear feet) and length (must be completed within 5
years),
o consists primarily of voluntary habitat
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restoration consistent with existing recovery and fish
passage plans, and
o will not result in a cumulative negative
impact.
Provide that the director's approval of the project
shall be in lieu of any other permit or license requirement
under specified statutes (for example, CESA), and is a
regulatory action to ensure the maintenance, restoration or
enhancement of a natural resource that includes procedures
protective of the environment.
Specify that the written request provided to the
director for any proposed project include specified
materials; such as a project schedule, a map, and an
explanation of the project's net benefit to coho salmon
recovery, among others.
Ensure regulatory oversight and authorize the director
to suspend and then revoke a permit issued under the
authority of the act if act criteria are no longer met.
Authorize the department to adopt emergency regulations
to further the implementation of the act.
Create the Coho Salmon Recovery Account (account) and
authorize the department to enter into agreements to accept
funds to achieve the purposes of the act and deposit those
funds in the account. These funds shall supplement
existing resources.
Authorize the department to impose and collect fees to
cover its administrative and implementation costs for each
project and cap the fee at the amount imposed for lake or
streambed alteration agreements. The fees shall be
deposited in the account and, upon appropriation, the
department can use them to administer and implement the
act. Legislative intent language authorizes funding from
the Hatchery and Inland Fisheries Fund (HIFF) (FGC §13007)
for half-time funding to facilitate project review.
Make relevant legislative findings including charging
the department to seek agreements and partnerships with
state and federal agencies to expedite permitting for
habitat enhancement projects to the benefit of the coho.
Sunset on January 1, 2018.
ARGUMENTS IN SUPPORT
According to the author, "despite state and federally adopted
recovery plans, stream restoration manuals, and protection under
the state and federal endangered species acts, coho salmon
continue to be pushed towards extinction. New, focused state
policies are needed to promote immediate on-the-ground habitat
restoration projects, while also guaranteeing Ýthe department]
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has sufficient regulatory oversight." The Coho HELP Act
authorizes the department to "efficiently and effectively
approve specific habitat enhancement projects that are necessary
to prevent the extinction of California's coho salmon
populations. In doing so, AB 1961 promotes effective
collaboration between Ýthe department] and its local public
agency and non-profit habitat restoration partners."
The Mendocino County Board of Supervisors adds that
"unfortunately, while non-profit restoration specialist, local
water agencies, resources conservation districts, tribes,
landowners, and many others 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."
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
Act projects are eligible for permit streamlining as small
habitat restoration projects . The State Water Resources Control
Board (SWRCB) has approved a general water quality certification
order for small habitat restoration projects that qualify for a
categorical exemption under CEQA for discharges into state
waters. The proposed criteria for act projects mirror the
requirements of the categorical exemption and act projects
should qualify for this exemption. This bill streamlines the
department's permitting process but does not alter the SWRCB's.
South Fork of the Big River habitat restoration project. Trout
Unlimited in collaboration with the Department of Parks and
Recreation and a private landowner are developing a habitat
restoration project placing large woody debris such as root wads
and logs into a 2.1 mile stretch of the South Fork of the Big
River in Mendocino County where coho are found. This project is
an example of one that would be expedited by AB 1961 should it
be chaptered.
Is HIFF funding appropriate? HIFF receives 33-1/3% of revenues
from all sport fishing licenses sold. HIFF was created as part
of the "AB 7" (Cogdill, c. 689, Statutes of 2005) trout fishing
stocking program. Currently, HIFF funds may be used to support
department programs "related to the management, maintenance, and
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capital improvement of California's fish hatcheries, the
Heritage and Wild Trout Program, and enforcement activities
related thereto, and to support other activities eligible to be
funded from revenue generated by sport fishing license fees."
As noted above, several statutory provisions recognize that
habitat restoration and protection is a critical element of the
recovery of anadromous fish populations, and the department's
overall stewardship responsibilities. Sport fishing license fees
are collected and used to pay for "all necessary expenses
incurred in carrying out this code and any other laws for the
protection and preservation of birds, mammals, reptiles, and
fish (FGC §13220). The legislative intent language to provide
funding for the position to review act documents falls under the
"other activities" provision of HIFF.
SUPPORT
California Trout (co-sponsor)
The Nature Conservancy (co-sponsor)
Trout Unlimited (co-sponsor)
Big Sur Land Trust
California Farm Bureau Federation
California Fish and Game Commission
The Endangered Species Coalition
Golden West Women Flyfishers
Humboldt County Board of Supervisors
Humboldt Redwood Company, LLC
Land Trust of Santa Cruz County
Marin Agricultural Land Trust
Marin County Board of Supervisors
Marin Resource Conservation District
Mendocino County Board of Supervisors
Mendocino Redwood Company, LLC
Monterey Bay Aquarium
Northern California/Nevada Council Federation of Fly Fishers
Pacific Forest Trust
Peninsula Open Space Trust
San Mateo County Board of Supervisors
City of Santa Cruz
Santa Cruz County Board of Supervisors
Shasta Valley Resource Conservation District
Sonoma County Board of Supervisors
Sonoma County Agricultural Preservation and Open Space District
Sonoma County Water Agency
Sustainable Conservation
OPPOSITION
None Received
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