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