BILL ANALYSIS Ó AB 559 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 559 (Lopez) As Amended August 26, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: | | (April 30, |SENATE: | | (August 31, | | |58-18 |2015) | |28-12 |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: W., P., & W. SUMMARY: Authorizes the Department of Fish and Wildlife (DFW) to take actions to conserve monarch butterflies and the habitats they depend on for migration, and requires DFW to use best available science, as specified. The Senate amendments: 1)Add legislative findings and declarations regarding monarch butterflies, including international recovery efforts, reductions in monarch populations, the importance of California as a host for overwintering monarchs, the importance of native milkweed plants for monarch survival, the impacts of the decline in milkweed habitat on monarchs, the importance of collaboration with private landowners, the need for additional collaborative restoration measures, the importance of California initiatives to support monarch AB 559 Page 2 conservation, and the value of public and private research efforts. 2)Require DFW when undertaking actions to conserve monarch butterflies and their habitats to use best available science and consider, as appropriate, all of the following: a) Restoring or revegetating monarch caterpillar habitat using regionally or locally appropriate native milkweed species; b) Restoring or revegetating adult monarch butterfly habitat using regionally or locally appropriate native nectar plant species; c) 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; d) Controlling pests and disease in monarch butterfly habitat using natural biological measures and alternative nonspray weed management strategies; e) 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. f) Controlling nonnative weed species that threaten native milkweed species using current best management practices consistent with integrated pest management principles that pose low risk to monarch butterflies and their habitat. AB 559 Page 3 EXISTING LAW: 1)Establishes the DFW and sets forth the duties of the DFW, which 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: According to the Senate Appropriations Committee, unknown additional potential cost pressures, but likely minor, to the Fish and Game Preservation Fund (special fund) to take conservation actions including habitat restoration AB 559 Page 4 projects, to conserve monarch butterflies. COMMENTS: This bill clarifies that the DFW has authority to take actions 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. The author notes there has been a rapid decrease in monarch butterfly populations, which is particularly troubling because monarchs have long been considered both an indicator of our ecological health and a representative of pollinator populations. The main food source of the caterpillars is milkweed. As noted in the legislative findings in this bill, milkweed habitat and density have declined significantly, which has negatively impacted monarch as well as bees and other pollinators. The California drought has also contributed to the lack of food sources for the caterpillars and butterflies. This bill, as passed by the Assembly clarified the 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. The Senate amendments add legislative findings and declarations, and require DFW to use best available science and to take into account specific considerations, as appropriate. AB 559 Page 5 Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096 FN: 0001752