BILL ANALYSIS Ó AB 2001 Page 1 Date of Hearing: April 20, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2001 (Mathis) - As Amended March 10, 2016 ----------------------------------------------------------------- |Policy |Water, Parks and Wildlife |Vote:|13 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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: AB 2001 Page 2 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 AB 2001 Page 3 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). AB 2001 Page 4 (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 Page 5 Analysis Prepared by:Jennifer Galehouse / APPR. / (916) 319-2081