BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 353| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: AB 353 Page 2 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. AB 353 Page 3 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 AB 353 Page 4 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 AB 353 Page 5 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 AB 353 Page 6 8/31/15 11:24:51 **** END ****