BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2488


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          (Without Reference to File)





          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2488 (Dababneh)


          As Amended  August 19, 2016


          Majority vote


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          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


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            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.    








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          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  








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          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