BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1961|
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                                 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  :    

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          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 

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             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 

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             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 

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          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 

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             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


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           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


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          CTW:k  8/21/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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