BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2001


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          Date of Hearing:  April 20, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2001 (Mathis) - As Amended March 10, 2016


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          |Policy       |Water, Parks and Wildlife      |Vote:|13 - 0       |
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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill provides a technical clarification to ensure the  
          Department of Fish and Wildlife (DFW) may authorize the take of  
          a fully protected fish for efforts to recover the species, but  
          not as part of a specified mitigation project.    


          FISCAL EFFECT:









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          Minor, absorbable costs.


          COMMENTS:


          1)Purpose. According to the author, this bill will authorize  
            actions necessary to help ensure the survival of endangered  
            species, such as the pupfish, by authorizing their relocation  
            when existing habitats do not support the species.  
            


          2)Background.  The Owens River pupfish, also known as the Owens  
            pupfish, is a rare species of pupfish endemic to California  
            and found only in the Owens Valley portion of the Owens River,  
            in Mono and Inyo counties.  The species is listed as  
            endangered under both the federal Endangered Species Act and  
            the California Endangered Species Act (CESA), and is also  
            protected under California law as a fully protected fish  
            species.  
            As of 2009, the U.S Fish and Wildlife Service reported that  
            there were only four surviving populations of Owens pupfish.   
            Currently, all four populations of Owens pupfish are  
            threatened by loss of habitat due to cattail encroachment and  
            non-native predators, such as bullfrogs, bass, trout, bluegill  
            and crayfish.





            The Bishop Paiute Tribe has a long history with the Owens  
            pupfish.  Historically, the fish was a staple food item for  
            the local Paiute who caught the fish in the hundreds and dried  
            and stored them.  The tribe has been working for several years  
            to obtain permits to relocate some of the endangered pupfish  
            to conservation ponds built on the reservation's Native Fish  








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            Refuge.  However, the Fully Protected Species statutes do not  
            allow for issuance of incidental take permits, except for  
            scientific research on recovery efforts, not the recovery  
            efforts themselves.  





            This bill allows DFW to authorize recovery actions for the  
            following fully protected fish listed in statute:





               (1) Colorado River squawfish (Ptychocheilus lucius).


               (2) Thicktail chub (Gila crassicauda).


               (3) Mohave chub (Gila mohavensis).


               (4) Lost River sucker (Catostomus luxatus).


               (5) Modoc sucker (Catostomus microps).


               (6) Shortnose sucker (Chasmistes brevirostris).


               (7) Humpback sucker (Xyrauchen texanus).


               (8) Owens River pupfish (Cyprinoden radiosus).









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               (9) Unarmored threespine stickleback (Gasterosteus  
               aculeatus williamsoni).


               (10) Rough sculpin (Cottus asperrimus).





          3)Prior and related legislation: AB 353 (Lackey), Chapter 620,  
            Statutes of 2015, authorized DFW to allow the take of a fully  
            protected fish species known as the unarmored threespine  
            stickleback for a habitat restoration project on Bouquet  
            Creek.


            AB 1973 (Olsen), Chapter 121, Statutes of 2012, authorized DFW  
            to allow incidental take of the limestone salamander, a fully  
            protected amphibian species for a highway restoration project  
            in Mariposa County. 


            AB 1845 (Dahle) of this year, allows DFW to authorize the take  
            of the rough sculpin resulting from the repair of the Spring  
            Creek Bridge in Shasta County.  This bill is pending in the  
            Assembly.


            Also, this year, AB 2488 (Dababneh), allows DFW to authorize  
            incidental take of the unarmored threespine stickleback to  
            continue operations of the Foothill Feeder water supply  
            facility in Southern California.  This bill is pending in the  
            Assembly Water, Parks and Wildlife Committee.












                                                                    AB 2001


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          Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081