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
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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