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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