BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 353


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          Date of Hearing:  May 6, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          353 (Lackey) - As Amended April 22, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill authorizes the take of unarmored threespine sickleback  
          fish, a fully protected species, as a result of a habitat  
          restoration project in Bouquet Canyon and Bouquet Creek.









                                                                     AB 353


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          Specifically, this bill:  


          1)Authorizes DFW to authorize the take of unarmored threespine  
            stickleback resulting from impacts attributable to a habitat  
            restoration project undertaken by the Los Angeles County  
            Department of Public Works, the Los Angeles Department of  
            Water and Power, and the United State Department of  
            Agriculture, Forest Service, if specified conditions are met.   



            The project is designed to restore and improve riparian  
            habitat on public lands in the Bouquet Canyon area, and  
            projects to restore the flow capacity to Bouquet Creek in  
            Bouquet Canyon on public lands.


          2)Amends the Fully Protected Species statute to allow for the  
            issuance of a take permit  unarmored threespine stickleback as  
            specified.



          FISCAL EFFECT:


          Any additional costs are absorbable within existing resources.


          COMMENTS:


          1)Rationale.  According to the author, the unamrmored threespine  
            stickleback fish is present in the area where the habitat  
            restoration project will take place, and without the project,  
            the long-term viability of the fish will be threatened.    









                                                                     AB 353


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            A large flood in the winter of 2004/2005 negatively affected  
            the natural flow of Bouquet Creek and now threatens the  
            habitat of the unarmored threespine stickleback fish.  


            In addition to damaging the ecosystem, the diverted water flow  
            regularly floods the adjacent road and has negatively affected  
            well levels downstream.  


            The proposed project will remove sediment and dense  
            vegetation, reestablish stream bank vegetation where needed to  
            enhance riparian habitat, and create a backwater preserve for  
            aquatic species habitat.  The backwater preserve will also  
            serve as an environmental education site and restoration  
            ecology staging area.


            A large amount of this project will take place on federal  
            lands.  Los Angeles County Public Works has been working with  
            the United States Forest Service for authorization and  
            approval of environmental mitigation through the National  
            Environmental Policy Act (NEPA) process.  


            The project proponents are also working at the state level  
            with the Department of Fish and Wildlife who indicate the  
            habitat restoration project is necessary to restore habitat  
            for the species.   


          2)Fully Protected Species vs. Endangered Species.  California's  
            fully protected species statute predates the enactment of the  
            state and federal endangered species acts, and was the state's  
            initial effort to identify and protect those animals that were  
            rare or faced possible extinction.  










                                                                     AB 353


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            Many of the species on the fully protected species lists have  
            subsequently been listed under the federal or state endangered  
            species acts.  However, the unarmored threespine stickleback  
            is not listed under the state or federal act.  California's  
            fully protected species statute only allows incidental take  
            permits except for necessary scientific research.  


            The California Endangered Species Act (CESA) prohibits the  
            take of species listed as endangered or threatened, but  
            authorizes DFW to issue take permits if the take is incidental  
            to an otherwise lawful activity and the impacts are minimized  
            and fully mitigated.       





          Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081