BILL ANALYSIS Ó
AB 559
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
559 (Lopez)
As Amended September 4, 2015
Majority vote
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|ASSEMBLY: |58-18 |(April 30, |SENATE: |27-11 |(September 10, |
| | |2015) | | |2015) |
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Original Committee Reference: W., P., & W.
SUMMARY: Authorizes the Department of Fish and Wildlife (DFW)
to take feasible 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 measures, the importance of
California initiatives to support monarch conservation, and
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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 and feasible, 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) 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.
e) Controlling nonnative weed species that threaten native
milkweed species, and controlling pests and disease, using
current best management practices consistent with
integrated pest management principles that pose low risk to
monarch butterflies and their habitat.
1)Prohibit the fact that a project applicant or land owner does
not enter into a voluntary agreement to protect monarch
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butterflies from being used as grounds for denying a permit or
agreement or requiring additional mitigation beyond what would
be required to mitigate project impacts under other applicable
laws, including but not limited to the California
Environmental Quality Act (CEQA).
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
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likely minor, to the Fish and Game Preservation Fund (special
fund) to take conservation actions including habitat restoration
projects, to conserve monarch butterflies.
COMMENTS: This bill clarifies that the DFW has authority to
take feasible 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
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account specific considerations, as appropriate. They also add
language to address concerns of some stakeholders that the fact
that a permit applicant or land owner has not taken voluntary
steps to protect monarch butterflies shall not be used as
grounds for denying a permit or agreement, or requiring
additional mitigation beyond what would be required under other
applicable laws including but not limited to CEQA. There is no
known opposition to this bill as amended.
Analysis Prepared by:
Diane Colborn / W., P., & W. / (916) 319-2096
FN:
0002371