BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
                             Senator Fran Pavley, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 559          Hearing Date:    June 9,  
          2015
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          |Author:    |Lopez                  |           |                 |
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          |Version:   |June 16, 2015    Amended                             |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Angee Doerr                                          |
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                    Subject:  Monarch butterflies: conservation.


          BACKGROUND AND EXISTING LAW
          
          Background:
          Over the past twenty years, monarch butterfly populations within  
          the United States have declined by approximately 90%. This  
          decline has been readily noticeable in California, where  
          congregations of overwintering monarchs have historically been  
          very common. Such congregations can be found at more than 200  
          sites along the California coast, from Mendocino County in the  
          north to San Diego in the south.

          The U.S. Fish and Wildlife Service is currently determining  
          whether to propose federal protections for monarch butterflies.  
          The population decline is driven primarily by the widespread  
          planting of herbicide-resistant crops. These crops allow for  
          increased use of herbicides, which have largely eliminated  
          milkweed, the monarch caterpillar's sole food source.

          The Monarch Joint Venture (MJV) is a partnership of 26 federal  
          and state agencies, non-governmental organizations, and academic  
          programs that work together to support and coordinate efforts to  
          protect the monarch migration within the United States. The MJV  
          is committed to a science-based approach to monarch conservation  
          work, guided by the North American Monarch Conservation Plan  
          (2008).








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          Existing Law:
          Within California, the Department of Fish and Wildlife (DFW) is  
          tasked with managing California's diverse fish, wildlife, and  
          plant resources, and the habitats upon which they depend, for  
          their ecological values and for their use and enjoyment by the  
          public. 

          Fish and Game Code (FGC) section 711.2 defines 'wildlife' as  
          "all wild animals, birds, plants, fish, amphibians, reptiles,  
          and related ecological communities, including the habitat upon  
          which the wildlife depends for its continued viability." Section  
          1000 of the FGC allows DWF to expend the monies necessary for  
          research and "the conservation, propagation, protection, and  
          perpetuation of birds and the nests and eggs thereof, and of  
          mammals, reptiles, and fish."

          FGC Section 1017 states that it is California's policy to  
          "anticipate and resolve potential conflicts between the  
          management, conservation, and protection of fish and wildlife  
          resources and their habitat and private and public activities  
          that may affect them."

          FGC Section 2052 declares that California should "conserve,  
          protect, restore, and enhance any endangered species or any  
          threatened species and its habitat and that it is the intent of  
          the Legislature, consistent with conserving the species, to  
          acquire lands for habitat for these species."

          In 1987, the legislature passed AB 1671 to recognize monarch  
          butterfly overwintering sites as a natural resource. In 1988,  
          California voters approved Prop 70, which included a two million  
          dollar bond allocation to purchase monarch butterfly habitat  
          (Public Resources Code Section 5907).

          PROPOSED LAW
          This bill would add Section 1021 to the Fish and Game Code.  
          Specifically, it would allow the Department of Fish and Wildlife  
          to:

             1)   take actions to conserve monarch butterflies and their  
               habitat. These actions may include, but are not limited to:  

               (1)                                Habitat restoration on  
                 department lands








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               (2)                                Education programs
               (3)                                Voluntary agreements  
                 with private landowners

             1)   partner with federal agencies, nonprofit organizations,  
               academic programs, private landowners, and other entities  
               that undertake actions to conserve monarch butterflies and  
               aid their successful migration, including the Monarch Joint  
               Venture.

             (3) use the best available science and consider, as  
               appropriate, all of the following actions:
               (1) Restoring or revegetating monarch caterpillar habitat  
               using regionally or locally appropriate native milkweed  
               species.
               (2) Restoring or revegetating adult monarch butterfly  
               habitat using regionally or locally appropriate native  
               nectar plant species.
               (3) Incorporating diverse tree species, structures, and  
               arrangements when restoring or establishing winter habitat  
               sites to match monarch butterfly preferences for  
               temperature, light, moisture, wind, and other microclimate  
               characteristics.
               (4) Controlling pests and disease in monarch butterfly  
               habitat using natural biological measures and alternative  
               nonspray weed management strategies.
               (5) Increasing the number of partnerships and making the  
               most of partnerships to use residential and institutional  
               landscaped areas, agricultural noncropped lands,  
               transportation corridors, and conservation easements to  
               create, restore, or enhance monarch butterfly habitat.

          ARGUMENTS IN SUPPORT
          The Sierra Club California writes that "monarch butterflies hold  
          an important position in the ecosystem as pollinators and depend  
          on their habitats to complete a successful migration through  
          California." The bill would "help to protect these essential  
          habitats through restoration, education programs, and voluntary  
          agreements with private landowners."

          
          ARGUMENTS IN OPPOSITION
          None Received









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          COMMENTS
          Overwintering habitat: California is one of the few places that  
          monarch butterflies settle in over the winter. The maintenance  
          of their habitat is crucial to ensuring the continued existence  
          of monarch butterflies within the United States. In addition,  
          maintaining the health of these habitats will likely have  
          positive benefits for a number of other pollinator species.

          Clarification of DFW authority: Although DFW is tasked with  
          protecting wildlife within California, insects are not included  
          in the codified definition of wildlife. In addition, the  
          California Endangered Species Act does not include a category  
          for insects. This bill clarifies that DFW has the authority to  
          take steps to protect monarch butterflies and their habitat. It  
          also provides them with the authority to partner with outside  
          agencies, such as the Monarch Joint Venture, to increase  
          education about and oversight of monarchs within California.
               
          SUPPORT
          California League of Conservation Voters
          California Native Plant Society
          Monarch Joint Venture
          Sierra Club California 
          The Xerces Society

          OPPOSITION
          None Received
                                      -- END --