BILL ANALYSIS Ó AB 559 Page 1 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 AB 559 Page 2 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. AB 559 Page 3 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 AB 559 Page 4 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 AB 559 Page 5 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 AB 559 Page 6