BILL ANALYSIS Ó
AB 353
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
353 (Lackey)
As Amended September 3, 2015
2/3 vote. Urgency
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|ASSEMBLY: |78-0 |(May 14, 2015) |SENATE: |39-0 |(September 9, |
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Original Committee Reference: W., P., & W.
SUMMARY: Amends the Fully Protected Species statute to
authorize the Department of Fish and Wildlife (DFW) to authorize
the take of unarmored threespine stickleback, a fully protected
fish species, resulting from a habitat restoration project in
Bouquet Canyon and Bouquet Creek, if specified conditions are
met.
The Senate amendments:
1)Expand the authorization for take of unarmored threespine
stickleback to apply to take resulting from impacts of habitat
restoration projects to maintain, in addition to restore,
riparian habitat in the Bouquet Canyon area.
2)Limit the take authorization to the portion of Bouquet Creek
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located between mile marker 8.3 and mile marker 16.3 on
Bouquet Canyon Road.
3)Add, as additional conditions of the take authorization, that
the DFW ensure all further measures necessary to satisfy the
conservation standard applicable to a Natural Communities
Conservation Plan are incorporated into the projects, that a
biologist will be on duty whenever an activity is conducted
that may affect the unarmored threespine stickleback, and that
a monitoring program and an adaptive management process that
satisfy the conservation standard applicable to a Natural
Communities Conservation Plan are provided.
4)State that this bill shall not be construed to exempt projects
from any other law, or to affect contractual obligations of
the Los Angeles Department of Water and Power to provide water
from Bouquet Reservoir.
5)Add an urgency clause providing that in order for the
unarmored threespine stickleback habitat restoration project
in Bouquet Canyon Creek proposed by the Los Angeles County
Department of Public Works to receive a take permit from DFW,
and so that this project may begin as soon as possible, it is
necessary for this act to take effect immediately.
6)Add a co-author.
7)Add technical amendments to avoid chaptering out problems with
AB 1527 (Water, Parks and Wildlife Committee), Chapter 154,
Statutes of 2015.
EXISTING LAW:
1)Prohibits the take or possession of any fully protected
species, including fully protected fish or parts thereof.
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Lists the unarmored threespine stickleback as 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 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 to the Department of Transportation's
implementation of the Ferguson Slide Permanent Restoration
Project, contingent upon prescribed conditions, including that
measures necessary to satisfy the conservation standard of an
NCCP for the species are included.
3)Authorizes DFW to authorize the taking of fully protected
species for necessary scientific research, including efforts
to recover fully protected, threatened, or endangered species.
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.
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.
Provides that "scientific research" does not include any
actions taken as part of specified mitigation for a project.
4)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.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: This bill provides a narrow exemption from the
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prohibition on take of fully protected fish species to allow the
Los Angeles County Public Works Department to undertake a
habitat restoration project on Bouquet Canyon Creek.
The Senate amendments add additional conditions that must be met
for the take authorization to be approved by DFW, add an urgency
clause, make other clarifying statements, and include technical
changes to avoid chaptering out problems with another bill that
amends one of the same code sections.
Analysis Prepared by:
Diane Colborn / W., P., & W. / (916) 319-2096
FN:
0002213