BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 559


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          559 (Lopez)


          As Amended  August 26, 2015


          Majority vote


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          |ASSEMBLY:  |      | (April 30,    |SENATE: |      | (August 31,     |
          |           |58-18 |2015)          |        |28-12 |2015)            |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
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          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  








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            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.








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          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  








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          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.









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          Analysis Prepared by:  Diane Colborn / W., P., & W. / (916)  
          319-2096                                         FN: 0001752