BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 353|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  AB 353
          Author:   Lackey (R), et al.
          Amended:  8/18/15 in Senate
          Vote:     27 - Urgency  

           SENATE NATURAL RES. & WATER COMMITTEE:  9-0, 7/14/15
           AYES:  Pavley, Stone, Allen, Hertzberg, Hueso, Jackson,  
            Monning, Vidak, Wolk

          SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  78-0, 5/14/15 - See last page for vote

           SUBJECT:   Protected species: take: Bouquet Canyon: habitat  
                     restoration project


          SOURCE:    Author


          DIGEST:  This bill authorizes, under specified conditions, the  
          Department of Fish and Wildlife (DFW) to issue a permit for the  
          take of the fully protected fish species known as the unarmored  
          threespine stickleback (UTS). Such take would result from  
          impacts attributable to a habitat and flow restoration project  
          to restore and improve riparian habitat and flow capacity on  
          public lands in the Bouquet Canyon area of northern Los Angeles  
          County.


          ANALYSIS:   










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          Existing law: 


          1)Prohibits the take or possession of any fully protected  
            species, including fully protected fish or parts thereof,  
            including the UTS which is a fully protected fish.


          2)Allows for limited exceptions to the above prohibition for  
            take of fully protected species under three circumstances: a)  
            pursuant to the Colorado River Quantification Settlement  
            Agreement; b) where conservation of the species is provided  
            for pursuant to a Natural Communities Conservation Plan  
            (NCCP); and c) for take of the limestone salamander resulting  
            from impacts attributable


          3)to the Department of Transportation's implementation of the  
            Ferguson Slide Permanent Restoration Project, contingent upon  
            prescribed conditions, including a requirement to include  
            measures necessary to satisfy the conservation standard of an  
            NCCP for the species.


          4)Authorizes the DFW to authorize the taking of fully protected  
            species for necessary scientific research, including efforts  
            to recover fully protected, threatened, or endangered species.  
             


          5)Requires DFW, prior to authorizing take for these purposes, to  
            notify all affected and interested parties to solicit  
            information and comments on the proposed authorization.  


          6)Requires the notification to be published in the California  
            Regulatory Notice Register and for interested parties to have  
            30 days after notification is published to provide comments.  


          7)Provides that "scientific research" does not include any  
            actions taken as part of specified mitigation for a project.









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


          This bill: 


          1)Sets forth the conditions for an amendment to the fully  
            protected species statute that allows DFW to issue a permit  
            for the take of the fully protected fish species, the UTS,  
            resulting from impacts attributable to a habitat and flow  
            restoration project to restore and improve riparian habitat  
            and flow capacity on public lands in the Bouquet Canyon area  
            of northern Los Angeles County. The projects would be  
            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 all  
            of the following conditions are met:


             a)   DFW determines that appropriate agreements have been  
               executed to address environmental impacts at the Bouquet  
               Canyon areas, including but not limited to Bouquet Creek;


             b)   Requirements of the CESA for issuance of an incidental  
               take permit are satisfied;  (These existing requirements  
               include, but are not limited to, finding that the take is  
               incidental to an otherwise lawful activity, that impacts of  
               the take are minimized and fully mitigated, that mitigation  
               options are roughly proportional to the impacts of the take  
               and are capable of successful implementation, and that the  
               applicant ensures adequate funding to implement mitigation  
               and monitoring requirements.)


             c)   The take authorization provides for development and  
               implementation, in cooperation with federal and state  
               agencies, of an adaptive management process for monitoring  
               the effectiveness of, and adjusting as necessary, measures  
               to minimize and fully mitigate the impacts of the  







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               authorized take, and requires that mitigation measures meet  
               requirements for proportionality and maintaining the  
               project proponent's objectives to the extent possible; and


             d)   The take authorization provides for development and  
               implementation, in cooperation with state and federal  
               agencies, of an adaptive management process that  
               substantially contributes to the long-term conservation of  
               the UTS.


          1)Amends the fully protected species statute to allow for the  
            issuance of a take permit for UTS, under the conditions  
            described above.

          FISCAL EFFECT:    Appropriation:     No         Fiscal  
          Com.:YesLocal:                  No




          SUPPORT:  (Verified  8/18/15)




          Los Angeles County Supervisor Michael Antonovich 




          OPPOSITION:   (Verified8/31/15)




          None received


          ARGUMENTS IN SUPPORT:  The author indicates the exemption is  
          needed because the UTS 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.  The  







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          author and project proponents indicate that some take of the  
          species is necessary in order to conduct the habitat restoration  
          that is necessary for the species' survival.


          The author asserts that currently no exemption exists under  
          current law to take fully protected species for habitat  
          restoration projects.  The existing law does provide an  
          exemption from the prohibition on take of fully protected  
          species for scientific research projects, the purpose of which  
          are to recover fully protected, threatened or endangered  
          species.  This narrow exemption for scientific research does not  
          apply to actions taken as part of mitigation for a project. 




          Los Angeles County Supervisor Michael Antonovich stated that  
          Bouquet Canyon was devastated by wildfires in 2002 and major  
          floods in the winter of 2004-05. Since then, the canyon has  
          deteriorated due to sedimentation and reduced water flow further  
          worsening the habitat of the UTS. Moreover, because the stream  
          channel is full of sediment, the roadway is often covered with  
          water, creating a public safety issue. A local public safety  
          emergency has been declared by the county.  The supervisor has  
          allocated $3 million in discretionary road funding to this  
          project.

          ASSEMBLY FLOOR:  78-0, 5/14/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Linder, Medina

          Prepared by:William Craven / N.R. & W. / (916) 651-4116







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          8/31/15 11:24:51


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