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 ----------------------------------------------------------------- |Author: |Lopez | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |June 16, 2015 Amended | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Angee Doerr | | | | ----------------------------------------------------------------- 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). AB 559 (Lopez) Page 2 of ? 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 AB 559 (Lopez) Page 3 of ? (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 AB 559 (Lopez) Page 4 of ? 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 --