BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 1956
          Author:   Monning (D)
          Amended:  8/9/10 in Senate
          Vote:     21

           
           SENATE NATURAL RES. & WATER COMMITTEE  :  7-0, 6/9/10
          AYES:  Pavley, Cogdill, Huff, Kehoe, Lowenthal, Padilla,  
            Wolk
          NO VOTE RECORDED:  Hollingsworth, Simitian
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  72-0, 4/22/10 - See last page for vote


           SUBJECT  :    California condors:  feeding

           SOURCE  :     Ventana Wildlife Society


           DIGEST  :    This bill exempts from a prohibition regarding  
          the transport of a dead animal by a dead animal hauler or  
          any other person to any place other than prescribed  
          locations, a nonprofit organization promoting the recovery  
          of California condors that participates in a memorandum of  
          understanding with the Department of Fish and Game to  
          provide food for free-ranging California condors and  
          possesses an annual permit for the transport of dead  
          animals that this bill authorizes the Secretary of the  
          Department of Food and Agriculture to issue to such an  
          organization.

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           Senate Floor Amendments  of 8/9/10 authorize the Secretary  
          to issue an annual permit to a nonprofit organization for  
          the purpose of providing carcasses to condors, provided  
          that specified information is provided to the Department of  
          Food and Agriculture, and clarify that a nonprofit  
          organization that provides food for condors does not need  
          to obtain a waiver from the state veterinarian for that  
          purpose.

           ANALYSIS  :    

          Existing law:

          1. Authorizes the Department of Fish and Game (DFG) to  
             implement programs to preserve California condors.

          2.  Prohibits the transport of a dead animal by a dead  
             animal hauler or any other person to any place other  
             than prescribed locations, except under certain  
             circumstances, including transport pursuant to  
             prescribed waivers or permits.

          This bill:

          1. Exempts from a prohibition regarding the transport of a  
             dead animal by a dead animal hauler or any other person  
             to any place other than prescribed locations, a  
             nonprofit organization promoting the recovery of  
             California condors that participates in a memorandum of  
             understanding with DFG to provide food for free-ranging  
             California condors and possesses an annual permit for  
             the transport of dead animals that this bill authorizes  
             the Secretary of the Department of Food and Agriculture  
             (DFA) to issue to such an organization.

          2. Authorizes the Secretary to issue an annual permit to a  
             nonprofit organization for the purpose of providing  
             carcasses to condors, provided that specified  
             information is provided to DFA.

          3. Clarifies that a nonprofit organization that provides  
             food for condors does not need to obtain a waiver from  
             the state veterinarian for that purpose.


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           Background  

          The California condor is North America's largest  
          terrestrial bird, with a wingspan of nine and one-half  
          feet.  The condor dates back to before the Pleistocene era  
          and has inhabited this continent for at least 50,000 years.  
           Condors are scavengers and feed primarily on dead carrion,  
          which has been a source of ingested lead ammunition  
          fragments.  Although condors once ranged over much of North  
          America, by the 1940s their range had been reduced to the  
          coastal mountains of southern California.  Condors were  
          listed as endangered in California in 1967.  The condor  
          reached near extinction in the early 1980s, with less than  
          30 individual birds left alive in the wild.  Key factors  
          determined by biologists as contributing to the decline of  
          the condor include lead poisoning and illegal shooting, in  
          addition to habitat loss and other factors.  Scientists  
          determined that the only hope for the condor's survival was  
          to institute a captive breeding program.  The last wild  
          birds were captured in 1987, and an intensive captive  
          breeding program was instituted. 

          Biologists began reintroducing condors back into the wild  
          in 1992.  Today, they are being reintroduced into the  
          mountains of southern California north of the Los Angeles  
          basin, in the Big Sur vicinity of the central California  
          coast, at Pinnacles National Monument, and near the Grand  
          Canyon in Arizona.  Just this year, the first condor nest  
          in California's Pinnacles National Monument in 100 years  
          was found with a single egg.  Condors typically do not  
          begin breeding until they are seven years old and normally  
          mate for life. 

           Comment

           Currently, DFG has a memorandum of understanding with the  
          United States Fish and Wildlife Service (USFWS) for  
          contracting organizations to help re-establish the condor  
          in the wild. 

          As of 2007, major expenditures for the recovery effort came  
          from USFWS, the Los Angeles Zoo, the San Diego Wild Animal  
          Park, The Peregrine Fund, the Ventana Wildlife Society,  
          Pinnacles National Monument, and the Oregon Zoo.  These  

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          participants maintain captive-rearing facilities, release  
          sites, or both.  In 2008, the total funding for this effort  
          from public and private sources was $5.34 million. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/10/10)

          Audubon California 
          Defenders of Wildlife
          Green California
          Sierra Club California
          The Big Sur Land Trust
          Ventana Wildlife Society

           OPPOSITION  :    (Verified  8/10/10)

          Department of Finance
          Department of Fish and Game

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          existing law ignores the foraging needs of California  
          condors and prohibits the transport of dead animals and  
          their use as food for other species, including endangered  
          species, which he believes is contrary to the spirit of the  
          state Endangered Species Act. 

          The Ventana Wildlife Society, which has assisted for years  
          with the condor recovery effort, states that this bill  
          would enable DFG to authorize the feeding of condors and is  
          therefore an important step in advancing the recovery of  
          this species. 

          Defenders of Wildlife states that dead livestock and  
          road-killed wildlife offer an ample food supply for condors  
          but are often unavailable to free-ranging California  
          condors due to existing collection and disposal procedures.  


          Sierra Club California believes that current law requiring  
          disposal of dead carcasses is contrary to the spirit of the  
          state Endangered Species Act in that these carcasses can  
          not be made available to condors, a federal and state  

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          listed endangered species. 

           ARGUMENTS IN OPPOSITION  :    The Department of Finance  
          writes:  "DFG is concerned that allowing individuals to  
          transport domestic carcasses that were killed on roads or  
          die of natural causes could result in carcasses infested  
          with disease being displaced to new areas.  Additionally,  
          DFG believes that the transportation exemption could lead  
          to contagious disease vectors being transmitted between  
          domestic and wild animals.  This bill removes restrictions  
          that are currently in place to prevent free-range condors  
          from feeding on diseased carcasses." 
           

           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall, Tom  
            Berryhill, Blakeslee, Block, Bradford, Brownley,  
            Buchanan, Charles Calderon, Carter, Chesbro, Cook, Coto,  
            Davis, De La Torre, De Leon, DeVore, Emmerson, Eng,  
            Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani,  
            Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall,  
            Hayashi, Hernandez, Hill, Huber, Jeffries, Jones, Knight,  
            Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller,  
            Monning, Nava, Nestande, Niello, Nielsen, V. Manuel  
            Perez, Portantino, Ruskin, Salas, Saldana, Silva,  
            Skinner, Smyth, Solorio, Audra Strickland, Swanson,  
            Torlakson, Torres, Torrico, Tran, Villines, Yamada, John  
            A. Perez
          NO VOTE RECORDED:  Bill Berryhill, Blumenfield, Caballero,  
            Conway, Harkey, Huffman, Norby, Vacancy


          CTW:mw  8/10/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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