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
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