BILL ANALYSIS Ó
AB 559
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Date of Hearing: April 14, 2015
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
AB 559
(Lopez) - As Introduced February 23, 2015
SUBJECT: Monarch butterflies: conservation
SUMMARY: Authorizes the Department of Fish and Wildlife (DFW)
to take actions to conserve Monarch butterflies and their
habitats. Specifically, this bill:
1)Authorizes the DFW to take actions to conserve Monarch
butterflies and the unique habitats they depend on for
successful migration. Specifies that such actions may
include, but are not limited to habitat restoration on
department lands, education programs, and voluntary agreements
with private landowners.
2)Authorizes DFW to partner with federal agencies, nonprofit
organizations, academic programs, private landowners, and
others that undertake actions to conserve Monarch butterflies
and aid their migration, including the Monarch Joint Venture.
EXISTING LAW:
1)Establishes the DFW and sets forth the duties of the DFW which
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include administering various programs for protection and
conservation of fish and wildlife, including restoration and
conservation of habitat. Defines "wildlife" to include all
wild animals, birds, plants, fish, amphibians, reptiles, and
related ecological communities, including the habitat upon
which the wildlife depends.
2)Provides a process for the listing of threatened and
endangered species under the federal Endangered Species Act
(ESA) and the California Endangered Species Act (CESA). The
federal ESA covers insect species whereas CESA does not.
3)Establishes a policy of the state that the DFW and Fish and
Game Commission (FGC) use ecosystem-based management informed
by credible science in all resource management decisions to
the extent feasible. Establishes a policy of the state that
the DFW and FGC seek to actively participate in effective
partnerships.
4)As part of the California Wildlife, Coastal and Park Land
Conservation Fund of 1988 (Proposition 70), authorized
expenditure of $2 million in bond funds by the Wildlife
Conservation Board (WCB) for acquisition of Monarch butterfly
habitat.
FISCAL EFFECT: Unknown
COMMENTS: The author has introduced this bill to clarify that
the DFW has authority to take action to conserve Monarch
butterflies and their special habitats for successful migration.
This bill also encourages the DFW to partner with other
organizations that undertake actions to protect monarchs,
including the Monarch Joint Venture.
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The author notes in background information provided to the
Committee that there has been a "rapid decrease in the Monarch
Butterfly population, which is particularly troubling because
monarchs have long been considered both an indicator of our
ecological health and a representative of pollinator
populations, according to National Geographic. The main food
source of the caterpillars is milkweed. Conversion of prairies
to cropland and increased use of herbicides has killed off a lot
of milkweed. The California drought has contributed to the lack
of food sources for the caterpillars and butterflies. The
California drought has also contributed to the lack of food
sources for the caterpillars and butterflies. The decrease in
monarchs has adverse effects on the food chain for birds and
other animals."
The Monarch Joint Venture is a partnership of federal and state
agencies, non-governmental organizations and academic programs
that are working together to support and coordinate efforts to
protect the monarch migration across the lower 48 states. The
Monarch Joint Venture reports that the largest factors impacting
monarch populations in North America are loss of habitat for
breeding, migrating and overwintering, in addition to
pesticides, herbicides, fungicides, and climate change. The
Monarch Joint Venture notes "ensuring the availability of
quality habitat is critical for the conservation of any species.
Today, monarchs in the United States are particularly
vulnerable due to reduced abundance of milkweed and nectar
plants in the landscape, and diminishing overwintering habitat
in California?monarchs to the west of the Rocky Mountains
overwinter along the Pacific Coastline of California and move
inland in the spring to reproduce. Research, monitoring and
land management planning in this area are needed to sustain both
breeding and overwintering habitats for the western monarch
population."
In addition, according to the annual census taken at the
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monarch's wintering grounds in Mexico in 2013, the population
dropped by 59% compared to the prior year's census, bringing the
monarch's numbers to the smallest registered population in
almost two decades. While monarch populations made some modest
gains in 2014, the population continues to be at significant
risk. A petition to list the Monarch Butterfly as a threatened
species under the ESA is currently under review at the United
States Fish and Wildlife Service.
This bill clarifies the state DFW's authority to take actions
and participate in partnerships to conserve Monarch butterflies.
Currently, the Fish and Game Code does not expressly address
butterflies or other insects, although the DFW has broad
authority to take actions to conserve all wildlife. The
definition of wildlife in the code includes "all wild animals"
and "related ecological communities" including the "habitat"
upon which they depend. Since butterflies and other insects are
part of the animal kingdom, and are part of the ecological
communities of other wildlife, a good argument can be made that
the DFW has existing authority to take actions to conserve them.
This bill removes any ambiguity or uncertainty by expressly
granting DFW such authority.
Prior and Related Legislation: AB 1671, Chapter 540, statutes
of 1987, required DFW to inventory areas of critical habitat for
winter roosting sites for Monarch butterflies on or before July
1, 1988, and appropriated $12,000 from the Environmental License
Plate Fund to DFW for purposes of preparing the inventory. SCR
66 (McPherson), Resolution Chapter 54 of 2004, declared February
5, 2004 as California Western Monarch Day.
Support Arguments: Supporters assert Monarch butterflies hold
an important position in the ecosystem as pollinators and depend
on their habitats to complete a successful migration through
California. Monarch butterflies have experienced a population
decline of more than 80% since the 1990s and without the ability
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to protect these habitats there is a risk of these butterflies
suffering further population loss. This bill would help to
protect these essential habitats through restoration, education
programs, and voluntary agreements with private landowners.
REGISTERED SUPPORT / OPPOSITION:
Support
California Native Plant Society
Monarch Joint Venture
Sierra Club California
Opposition
None on file.
Analysis Prepared by:Diane Colborn / W., P., & W. / (916)
319-2096
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