BILL ANALYSIS Ó AB 353 Page 1 Date of Hearing: May 6, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 353 (Lackey) - As Amended April 22, 2015 ----------------------------------------------------------------- |Policy |Water, Parks and Wildlife |Vote:|15 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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 Page 3 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 Page 4 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