BILL ANALYSIS Ó AB 2488 Page 1 (Without Reference to File) CONCURRENCE IN SENATE AMENDMENTS AB 2488 (Dababneh) As Amended August 19, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |79-0 |(May 5, 2016) |SENATE: |39-0 |(August 24, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: W., P., & W. SUMMARY: Permits the Department of Fish and Wildlife (DFW) to authorize the take of unarmored threespine stickleback, a fully protected fish species, attributable to maintenance of the Metropolitan Water District (MWD) of Southern California's Foothill Feeder water supply facility. The Senate amendments: 1)Add additional legislative findings and declarations that MWD consult with the DFW and the United States Fish and Wildlife AB 2488 Page 2 Service when applying for a permit under this bill, regarding feasible mitigation and conservation measures that may be adopted, and that the measures be consistent with state and federal wildlife agency recovery plans adopted for the long-term conservation of the unarmored threespine stickleback in the Santa Clara River watershed. 2)Clarify that the incidental take authorized under this bill may cover take attributable to repair, including emergency repair. 3)Add several additional conditions that must be met for the take authorization to be issued, including that the authorization provide for measures to satisfy a conservation standard, that MWD consult with the DFW on feasible measures to avoid and minimize take, and that the permit include conditions to cover biological and scientific considerations, including handling and relocation of stranded fish, dewatering, and streamflows. 4)Require that the permit conditions be in compliance with the mitigation measures and a release plan set forth in a specified environmental impact report (EIR). Allow for the permit conditions to be amended as required by the adaptive management plan or the final EIR. 5)Clarify that this bill does not exempt the project from any other law. 6)Require that MWD report to the DFW within six months after every dewatering of the Foothill Feeder, as specified, and that the report be made available to the public. 7)Add technical language to avoid chaptering out problems with AB 1845 (Dahle) and AB 2001 (Mathis), in the event that these bills also pass and amend the same code sections. AB 2488 Page 3 EXISTING LAW: 1)Prohibits the taking or possession of a species listed as a fully protected fish except as specified. The species that are classified as fully protected fish include but are not limited to the unarmored threespine stickleback. 2)Permits the DFW to authorize the taking of a fully protected fish species whose conservation and management is provided for in a Natural Community Conservation Plan approved by the DFW. 3)Permits the DFW to authorize incidental take of the fully protected unarmored threespine stickleback, and the fully protected limestone salamander, under certain limited circumstances, provided specified criteria and standards are met for minimization, mitigation, non-jeopardy, and conservation. 4)Provides for the listing of species as threatened or endangered under federal and state endangered species acts. The DFW may issue permits for incidental take of listed species if specified conditions are met, including mitigation, minimization, monitoring and non-jeopardy requirements. FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible if any state costs. COMMENTS: This bill authorizes the DFW to issue an incidental take permit for activities related to routine maintenance and repair, including dewatering and emergency repair, of the Foothill Feeder pipeline in Southern California, in order to authorize MWD to capture and relocate unarmored threespine AB 2488 Page 4 stickleback, a fully protected fish species, if certain specified conditions are met. In order to protect southern California water supplies, the periodic dewatering, inspection, maintenance, modification, and repair of the Foothill Feeder is necessary, and to complete these actions an incidental take permit for unarmored threespine stickleback is required. The conditions that would be required for the permit include feasible measures to avoid and minimize the take, mitigation and conservation, and development of an adaptive management plan. The Senate amendments add additional conditions that must be met for the take authorization to be issued, including biological and scientific considerations and criteria for handling and relocation of the fish into suitable habitat, and also added a reporting requirement. The amendments also require the conditions in the permit to be consistent with mitigation measures specified in an EIR prepared for the project, and make other clarifying changes. Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096 FN: 0004770