BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1961|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1961
Author: Huffman (D), et al.
Amended: 8/21/12 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM. : 7-2, 6/26/12
AYES: Pavley, Cannella, Evans, Kehoe, Padilla, Simitian,
Wolk
NOES: La Malfa, Fuller
SENATE APPROPRIATIONS COMMITTEE : 5-2, 8/16/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters, Dutton
ASSEMBLY FLOOR : 74-3, 5/30/12 - See last page for vote
SUBJECT : Coho salmon: habitat
SOURCE : California Trout
The Nature Conservancy
Trout Unlimited
DIGEST : This bill establishes the Coho Salmon Habitat
Enhancement Leading to Preservation Act (Coho HELP Act) and
requires the Department of Fish and Game (DFG) to approve a
coho salmon habitat enhancement project, and repeals the
Coho Help Act on January 1, 2018.
ANALYSIS :
CONTINUED
AB 1961
Page
2
Existing law:
1. Establishes that DFG is the trustee for the fish and
wildlife resources of California and prohibits any act
which could directly or indirectly "take" threatened or
endangered species listed under California Endangered
Species Act (CESA) unless authorized by DFG.
2. 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.
3. Requires a Lake or Streambed Alteration Agreement with
DFG in order to protect and conserve fish and wildlife
resources if an activity could change the bed, bank or
channel of a stream or lake.
4. States that 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
(CEQA).
This bill:
1. Establishes the Coho HELP Act.
2. Streamlines and expedites 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).
3. Requires the Director of DFG (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
CONTINUED
AB 1961
Page
3
existing levels of human health and safety protection,
flood protection, and meet specified requirements
including that the project:
A. is limited in size (less than five acres or 500
linear feet) and length (must be completed within
five years),
B. consists primarily of voluntary habitat
restoration consistent with existing recovery and
fish passage plans, and
C. will not result in a cumulative negative impact.
4. Provides 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.
5. Specifies 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.
6. Ensures regulatory oversight and authorize the Director
to suspend and then revoke a permit issued under the
authority of the Coho HELP Act if Coho HELP Act criteria
are no longer met.
7. Authorizes the DFG to adopt emergency regulations to
further the implementation of the Coho HELP Act.
8. Creates the Coho Salmon Recovery Account (Account) and
authorizes DFG to enter into agreements to accept funds
to achieve the purposes of the Coho HELP Act and deposit
those funds in the Account. These funds shall
supplement existing resources.
9. Authorizes DFG to impose and collect fees to cover its
administrative and implementation costs for each project
CONTINUED
AB 1961
Page
4
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, DFG
can use them to administer and implement the Coho HELP
Act. Legislative intent language authorizes funding
from the Hatchery and Inland Fisheries Fund (Fish and
Game Code (FGC) Section 13007) for half-time funding to
facilitate project review.
10.States that an engineer be employed on a half-time
basis, which will be funded for money from the Hatcher
and Inland Fisheries Fund.
11.Makes relevant legislative findings including charging
DFG to seek agreements and partnerships with state and
federal agencies to expedite permitting for habitat
enhancement projects to the benefit of the coho.
12.Sunsets on January 1, 2018.
Background
The DFG is the trustee for fish and wildlife resources in
California. DFG is administered by the Director (FGC
Section 700). Numerous activities related to fish and
wildlife resources require permits from DFG. For example,
existing law requires that DFG issue permits to authorize
the direct or indirect "take" of any species listed under
the CESA (FGC Section 2050 et seq.) and any action that
could affect an endangered or rare native plant (FGC
Section 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 DFG
(FGC Section 1600 et seq.). However, while a permit is
still required, there is a categorical exemption from
further review under the CEQA (Public Resources Code
Section 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
CONTINUED
AB 1961
Page
5
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.
It is state policy to increase the state's salmonid
resources (FGC Section 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. DFG'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, DFG also noted that recovery projects
boost economic activity in local communities where they
occur. Testimony by DFG and others indicated that risks of
coho extinction warranted rapid action.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, $50,000
to $100,000 in 2012-13 and 2013-14 to the Fish and Game
Preservation Fund for DFG to develop emergency regulations.
$250,000 to $1,000,000 (two to five staff) to the Fish
CONTINUED
AB 1961
Page
6
and Game Preservation Fund for the DFG to review
requests, approve projects and monitor implementation.
Potential offsetting revenue of an unknown amount to
the DFG for deposit in the Account created in the Fish
and Game Preservation Fund resulting from voluntary
contributions.
$50,000 to the Hatchery and Inland Fisheries Fund for a
half-time engineer position for one year.
SUPPORT : (Verified 8/21/12)
California Trout (co-source)
The Nature Conservancy (co-source)
Trout Unlimited (co-source)
Big Sur Land Trust
California Farm Bureau Federation
California Fish and Game Commission
City of Santa Cruz
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
Santa Cruz County Board of Supervisors
Shasta Valley Resource Conservation District
Sonoma County Agricultural Preservation and Open Space
District
Sonoma County Board of Supervisors
Sonoma County Water Agency
Sustainable Conservation
CONTINUED
AB 1961
Page
7
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] has sufficient regulatory oversight." The Coho
HELP Act authorizes DFG 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."
ASSEMBLY FLOOR : 74-3, 5/30/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Davis, Dickinson, Eng,
Feuer, Fong, Fuentes, Furutani, Beth Gaines, Galgiani,
Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Hall,
Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso,
Huffman, Jeffries, Knight, Lara, Logue, Bonnie Lowenthal,
Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell,
Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel
Pérez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NOES: Donnelly, Halderman, Jones
NO VOTE RECORDED: Cook, Fletcher, Valadao
CONTINUED
AB 1961
Page
8
CTW:k 8/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED